ROL_2014-05-16_16k_Hr1-2.timecode

[00:00.000 --> 00:07.240]  You're listening to the Liberty Beat, your daily source for Liberty news and activist
[00:07.240 --> 00:15.720]  updates online at thelibertybeat.com.
[00:15.720 --> 00:16.720]  This is Justin Armand.
[00:16.720 --> 00:18.720]  And this is Jessica Armand.
[00:18.720 --> 00:22.440]  Here with your Liberty Beat for May 15th, 2014.
[00:22.440 --> 00:31.720]  It's open today at $1,297, silver at $19.59, and Bitcoin is trading at $449.
[00:31.720 --> 00:36.280]  Support for the Liberty Beat comes from Accountable Authority, now offering a public database
[00:36.280 --> 00:38.560]  for police abuse and misconduct.
[00:38.560 --> 00:45.840]  Take action and join for free to gain community support and protection online at accountableauthority.com.
[00:45.840 --> 00:51.520]  And from Roberts & Roberts Brokerage, Inc., specializing in precious metals since 1977.
[00:51.520 --> 00:56.080]  They don't feed the banks by taking credit cards, but you can bet they take Bitcoin online
[00:56.080 --> 01:02.360]  at rrbi.co or by phone at 800-874-9760.
[01:02.360 --> 01:03.360]  And now the news.
[01:03.360 --> 01:08.240]  The New York Times and the Justice Department are under scrutiny for bowing to the NSA for
[01:08.240 --> 01:13.960]  either hiding or misinforming the public about the agency's secret spying program.
[01:13.960 --> 01:19.840]  A two-part program called United States of Secrets reveals the New York Times 2004 decision
[01:19.840 --> 01:25.480]  to kill a story on the NSA spying program in the months leading up to the year's presidential
[01:25.480 --> 01:26.480]  election.
[01:26.480 --> 01:30.840]  Officials at the NSA reportedly convinced journalists at the New York Times not to run
[01:30.840 --> 01:36.080]  a story claiming the agency's spying tactics were completely legal and, if revealed, could
[01:36.080 --> 01:41.560]  endanger the country's national security.
[01:41.560 --> 01:47.200]  Monday a Texas County grand jury indicted a former Austin police detective for manslaughter.
[01:47.200 --> 01:53.240]  The second-degree charge is punishable for up to 20 years in prison and a fine of $10,000.
[01:53.240 --> 01:57.560]  Officials were investigating a bank robbery when 32-year-old Larry Jackson showed up at
[01:57.560 --> 01:59.680]  the scene of the crime.
[01:59.680 --> 02:03.640]  Detectives began questioning Jackson after bank officials said they recognized him as
[02:03.640 --> 02:06.440]  a man who might try to defraud the bank.
[02:06.440 --> 02:11.040]  When Jackson fled after being questioned, former detective Charles Kleinert chased him
[02:11.040 --> 02:13.400]  down fatally shooting him in the neck.
[02:13.400 --> 02:17.720]  The grand jury said Kleinert failed to maintain a sufficient distance from Jackson in which
[02:17.720 --> 02:19.880]  he could safely holster his gun.
[02:19.880 --> 02:25.320]  Kleinert retired last October, but pension records show he will still collect $72,000
[02:25.320 --> 02:27.880]  annually even if he's convicted.
[02:27.880 --> 02:34.640]  In 2013, among the 360,000 illegal immigrants freed by the United States Immigration and
[02:34.640 --> 02:42.400]  Customs Enforcement were 116 homicide convictions, 43 negligent for manslaughter, and 14 for
[02:42.400 --> 02:43.920]  voluntary manslaughter.
[02:43.920 --> 02:48.800]  The Center for Immigration Studies revealed that ICE was holding deportation proceedings
[02:48.800 --> 02:52.360]  for the convicts, but instead released them back into the country.
[02:52.360 --> 02:57.560]  Texas Republican Lamar Smith is calling the release the worst prison break in American
[02:57.560 --> 02:58.560]  history.
[02:58.560 --> 03:13.700]  BAD BOYS!
[03:13.700 --> 03:16.700]  We know that everything's gonna come for you
[03:18.700 --> 03:23.700]  Tell me, what you gonna do, what you gonna do
[03:26.700 --> 03:29.700]  Bad boys, bad boys, what you gonna do
[03:29.700 --> 03:32.700]  What you gonna do when they come for you
[03:32.700 --> 03:35.700]  Bad boys, bad boys, what you gonna do
[03:35.700 --> 03:37.700]  What you gonna do when they come for you
[03:37.700 --> 03:40.700]  When you were eight and you had bad trees
[03:40.700 --> 03:43.700]  You go to school and learn the golden rule
[03:43.700 --> 03:46.700]  So why are you acting like a bloody fool
[03:46.700 --> 03:48.700]  If you get cocked then you must get crewed
[03:48.700 --> 03:51.700]  Bad boys, bad boys, what you gonna do
[03:51.700 --> 03:54.700]  What you gonna do when they come for you
[03:54.700 --> 03:57.700]  Bad boys, bad boys, what you gonna do
[03:57.700 --> 03:59.700]  What you gonna do when they come for you
[03:59.700 --> 04:02.700]  You chuck it on that one, you chuck it on this one
[04:02.700 --> 04:05.700]  You chuck it on your mother and you chuck it on your father
[04:05.700 --> 04:08.700]  You chuck it on your brother and you chuck it on your sister
[04:08.700 --> 04:10.700]  You chuck it on that one and you chuck it on me
[04:10.700 --> 04:13.700]  Bad boys, bad boys, what you gonna do
[04:13.700 --> 04:16.700]  What you gonna do when they come for you
[04:16.700 --> 04:43.700]  Welcome to the four-hour Friday Night Rule of Law Radio Marathon, folks. Tonight is May 16, 2014. With us tonight is Randall Kelton. He's back there. Joe's got the night off. I would like to say that we have been experiencing some technical difficulty over the past couple of weeks. Blame it on the powers that be, if you like. Don't know.
[04:43.700 --> 04:54.700]  Technology's a wonderful thing when it decides to work. But, be it as it may, sounds and looks like we're on air.
[04:54.700 --> 05:18.700]  Let's speak to call screeners, which we don't have at the moment. So, if you're calling in, make sure you're not on a speakerphone and try to get the mic just below your mouth or don't speak too loud into it and try to make sure you don't have any background noise. By all means, avoid these wireless handsets.
[05:18.700 --> 05:34.700]  Put the dogs and the kids in the backyard. Sounds like you got a mosquito in the background. So, if you call in, we don't have the screener, so when you come on, we may have some comments about trying to bring up your quality.
[05:34.700 --> 05:49.700]  Okay, I'm going to butt out now. You don't have to butt out. I wanted to start off the show tonight by talking a little bit about my own experiences in court and with the banks.
[05:49.700 --> 06:12.700]  As many of the long-time listeners know, I have been fighting the banks over my house now for five years. As a matter of fact, May 5th of this year marks a five-year anniversary. We didn't have a party or anything, but there are some great issues.
[06:12.700 --> 06:21.700]  Wait a minute. If you didn't have a party, most of the rest of the country did, so everybody's celebrating.
[06:21.700 --> 06:23.700]  Nobody invited me.
[06:23.700 --> 06:24.700]  Oh.
[06:24.700 --> 06:26.700]  I didn't get that memo.
[06:26.700 --> 06:30.700]  You didn't get to the Cinco de Mayo party.
[06:30.700 --> 06:32.700]  Oh, that one.
[06:32.700 --> 06:34.700]  You thought it was Cinco de Ocho.
[06:34.700 --> 06:36.700]  It was something like that.
[06:36.700 --> 06:38.700]  Okay, I'll butt out.
[06:38.700 --> 06:47.700]  Cinco de Chippo. Anyway, just a little bit of factual background on my situation.
[06:47.700 --> 06:58.700]  I will tell you that I'm not going to get into my future defenses or offenses, but to catch you up on what has taken place so far.
[06:58.700 --> 07:13.700]  2009, and I would like to preface this, all of my statements are going to be an alleged foreclosure, an alleged mortgage, an alleged party.
[07:13.700 --> 07:17.700]  Okay, everything is alleged because, well, there's issues.
[07:17.700 --> 07:19.700]  Imagine that.
[07:19.700 --> 07:36.700]  But it has been alleged that in 2009, on the steps of the Travis County courthouse, out back of the courthouse, my property was allegedly sold back to the claimant party.
[07:36.700 --> 07:47.700]  At that time, it was National City Real Estate Services and a whole bunch of other guys, successors and all that.
[07:47.700 --> 07:54.700]  But there's issues, very, very big issues with that.
[07:54.700 --> 08:10.700]  Here in the state of Texas, also known as the state of insanity, we have statutes of limitations that cover certain aspects of foreclosure, eviction, things of that nonsense.
[08:10.700 --> 08:20.700]  Four-year statute of limitations on enacting a foreclosure, they did that within the four-year period, don't have a problem with that.
[08:20.700 --> 08:36.700]  But when a cause of action accrues, and we need to get into that as well, when a cause of action accrues here in the state of Texas, a foreclosing party has two years to kick out the alleged occupant.
[08:36.700 --> 09:02.700]  Now, that is found in Texas Civil Practice and Remedies Code section 16.003A, to be exact, which states that a suit to recover property has got to be filed within two years after the day of cause of action accrues.
[09:02.700 --> 09:14.700]  Now, there are, let me go through two basically different ways that things are handled legally.
[09:14.700 --> 09:21.700]  I'm talking about a tenant, a landlord-tenant relationship.
[09:21.700 --> 09:32.700]  A landlord-tenant relationship created by a rent or lease agreement, a cause of action can accrue once a month.
[09:32.700 --> 09:42.700]  But a landlord-tenant relationship created under a deed of trust, that bell only rings one time.
[09:42.700 --> 09:53.700]  Now, the attorneys for the foreclosing party would like to treat this situation, any mortgage situation, as if it were a rent or lease agreement.
[09:53.700 --> 10:02.700]  Not so. If that were the case, there would be no need whatsoever for the two-year statute of limitations.
[10:02.700 --> 10:12.700]  It would actually vitiate 16.003 of the Texas Civil Practice and Remedies Code.
[10:12.700 --> 10:18.700]  And I've got a transcript here where Judge David Phillips as much said so.
[10:18.700 --> 10:25.700]  He asked the question, then why have a statute of limitations on it at all? That was a quote from the transcript.
[10:25.700 --> 10:32.700]  So, Judge Phillips understands. He's understood twice, in my case.
[10:32.700 --> 10:38.700]  You might remember here a couple months ago, Randy, that I was on the radio crowing that we'd had a victory.
[10:38.700 --> 10:45.700]  Well, that didn't stop them. They came after us again and again and again and again.
[10:45.700 --> 10:59.700]  So, 2009 foreclosure happened. Come forward three years and seven months, they filed another forcible detainer.
[10:59.700 --> 11:09.700]  They actually won in the Justice Court. I appealed that in a trial to Novo before Judge Phillips.
[11:09.700 --> 11:19.700]  He decided that since the party named his plaintiff had not been in business for over two years at the time of filing this forcible detainer,
[11:19.700 --> 11:22.700]  that he was going to dismiss this whole thing.
[11:22.700 --> 11:34.700]  So, rather than that, the opposing party asked for an opportunity to brief out some kind of mess that he wanted to brief out.
[11:34.700 --> 11:44.700]  And the judge said, okay, brief it out. Instead of briefing it out, he offered us, my wife and I, an agreed order of dismissal.
[11:44.700 --> 11:48.700]  We agreed it should have been dismissed, so that was dismissed.
[11:48.700 --> 11:54.700]  Months later, they filed another forcible detainer, this being the third forcible detainer they filed now,
[11:54.700 --> 12:04.700]  this time four years and two months after the day the cause of action accrued.
[12:04.700 --> 12:10.700]  The key question here is when does the cause of action accrue?
[12:10.700 --> 12:20.700]  Well, in one of these hearings at the JP level, this was attacking the third forcible detainer.
[12:20.700 --> 12:32.700]  The judge at the JP level allowed both parties an opportunity to brief out when a cause of action accrues.
[12:32.700 --> 12:46.700]  The opposing party, the bank's attorneys, claimed in their brief that it accrues every time they send a three-day notice to vacate.
[12:46.700 --> 12:58.700]  And again, if they convince the court of that, then the court has viciated an act of the Texas legislature, 16003, the practice of remedies code.
[12:58.700 --> 13:08.700]  My contention is that under a deed of trust, that bill rings one time, and it rang back in 2009. Therefore, they are in violation.
[13:08.700 --> 13:23.700]  Now, the judge decided that she didn't have any jurisdiction over that matter, so she dismissed granting a writ of possession to the bank.
[13:23.700 --> 13:33.700]  We appealed. We won. But we filed our appeal one day late.
[13:33.700 --> 13:41.700]  Keep in mind, the bank's attorneys filed this forcible detainer two years and two months too late.
[13:41.700 --> 13:47.700]  But yeah, we filed our appeal one day late.
[13:47.700 --> 13:53.700]  Now, I went to the civil rules just today, as a matter of fact.
[13:53.700 --> 14:12.700]  Actually, I didn't. My wife did. And she found a statute in the rules that said that the time to appeal occurs, you've got, I think, five days, is it?
[14:12.700 --> 14:27.700]  Is five days after the party learns of the judgment. Now, then that's, that's paraphrased. But I filed the day after I learned of the judgment.
[14:27.700 --> 14:37.700]  I got a default judgment the day the deadline ran out for filing an appeal. So the best thing I could do is file it one day late.
[14:37.700 --> 14:44.700]  Well, she didn't want to hear it. We took that to appeal to judge.
[14:44.700 --> 14:51.700]  We went back again to Judge Phillips and he ruled in our favor.
[14:51.700 --> 14:58.700]  The other side was supposed to provide some certified documents because his evidence was kicked out. It wasn't.
[14:58.700 --> 15:03.700]  It was incompetent. His documents weren't certified.
[15:03.700 --> 15:10.700]  So he promised the court this is opposing counsel promised the court that he would return within a matter of an hour.
[15:10.700 --> 15:19.700]  Eighteen days later, he filed a motion to dismiss and challenged to jurisdiction because we filed our appeal a day late.
[15:19.700 --> 15:24.700]  The judge said, well, I guess I didn't have jurisdiction.
[15:24.700 --> 15:36.700]  So the attorney that showed up for the other side, the judge was saying, I can't just dismiss the case.
[15:36.700 --> 15:45.700]  Now, keep in mind, this judge made a distinction between the appeal and the case, the case being forcible detainer.
[15:45.700 --> 15:57.700]  He said, I can't just dismiss the case. You want me. They want me to dismiss the case, but you want me to dismiss the appeal.
[15:57.700 --> 16:07.700]  Opposing counsel said, Your Honor, I can write an appeal or I can write an order with any language you like.
[16:07.700 --> 16:16.700]  And he said, well, if you all are happy to have your case go away, just give me an order dismissing the case.
[16:16.700 --> 16:21.700]  That is the forcible detainer suit. That's what happened.
[16:21.700 --> 16:27.700]  But as soon as it was dismissed, they executed the writ of possession.
[16:27.700 --> 16:34.700]  Keep in mind, the dismissal of the case also dismissed the writ of execution, the writ of possession.
[16:34.700 --> 16:37.700]  We're going to hear the music in the background. We'll be going to break.
[16:37.700 --> 16:43.700]  512-646-1984 is the number you can dial to join us in conversation.
[16:43.700 --> 16:48.700]  I'm going to rattle on probably for another segment or two before we start taking any calls.
[16:48.700 --> 16:52.700]  But if you'd like to get on board and get in line, you're more than welcome to do so.
[16:52.700 --> 16:57.700]  Again, that number, 512-646-1984, and we'll be right back after these few messages.
[16:57.700 --> 16:59.700]  Stay tuned.
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[18:49.700 --> 18:51.700]  That's ruleoflawradio.com.
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[19:00.700 --> 19:04.700]  You are listening to the Logos Radio Network.
[19:04.700 --> 19:29.700]  Logosradio.com.
[19:29.700 --> 19:58.700]  Welcome back to Rule of Law, folks.
[19:58.700 --> 20:02.700]  We do have a couple of guests tonight.
[20:02.700 --> 20:05.700]  One is on the board, and Leslie, if you'll hang on there,
[20:05.700 --> 20:09.700]  and I'll get through my diatribe here as quick as I can.
[20:09.700 --> 20:13.700]  Yes, Steve has still got some crowing to do.
[20:13.700 --> 20:15.700]  Yeah.
[20:15.700 --> 20:18.700]  Got a rather convoluted case here.
[20:18.700 --> 20:23.700]  As of Monday, this past week, this past Monday,
[20:23.700 --> 20:29.700]  I had three active cases in regard to my situation.
[20:29.700 --> 20:32.700]  Today, we reduced it to one.
[20:32.700 --> 20:41.700]  But to get back on track, the opposing party, opposing counsel,
[20:41.700 --> 20:46.700]  this counsel was from Houston.
[20:46.700 --> 20:48.700]  I'll explain that in just a second.
[20:48.700 --> 20:54.700]  They moved forward, the Houston attorneys moved forward on a writ of execution
[20:54.700 --> 20:57.700]  that had been canceled as an operation of law.
[20:57.700 --> 21:03.700]  When the case was dismissed, so was the writ of possession.
[21:03.700 --> 21:05.700]  But they didn't seem to care.
[21:05.700 --> 21:07.700]  They went and contacted the constables,
[21:07.700 --> 21:10.700]  and the constables came out on the 22nd day of May.
[21:10.700 --> 21:14.700]  And for my wife's birthday, they brought some help,
[21:14.700 --> 21:18.700]  and they rearranged our furniture for us on the front lawn.
[21:18.700 --> 21:28.700]  I filed a Chapter 13 at 1.06 p.m. on the 22nd of May,
[21:28.700 --> 21:35.700]  informed the constables at 1.08 p.m. that there was a federal stay in place.
[21:35.700 --> 21:39.700]  They told the help, the hired hands, to put down your sandwiches, boys.
[21:39.700 --> 21:41.700]  We got work to do.
[21:41.700 --> 21:42.700]  They got her done.
[21:42.700 --> 21:49.700]  So when I got home, seeing as that there was a federal stay on all collection attempts,
[21:49.700 --> 21:53.700]  I decided to crawl through the window, come back in my house,
[21:53.700 --> 21:59.700]  and move my furniture in my house on a permanent basis.
[21:59.700 --> 22:00.700]  Still here.
[22:00.700 --> 22:04.700]  But anyway, let's go forward.
[22:04.700 --> 22:09.700]  So when they put the red sticker on the door,
[22:09.700 --> 22:12.700]  the constables came by first and put the red sticker on the door.
[22:12.700 --> 22:15.700]  That was the serving of the writ of possession,
[22:15.700 --> 22:18.700]  telling us that we've got 24 hours to vacate.
[22:18.700 --> 22:20.700]  We did not vacate.
[22:20.700 --> 22:25.700]  So what we did was we filed two petitions,
[22:25.700 --> 22:28.700]  two simultaneous positions in the justice court.
[22:28.700 --> 22:32.700]  One was a motion to stay or recall the writ of possession.
[22:32.700 --> 22:36.700]  The other was a motion or a petition for a bill of review.
[22:36.700 --> 22:40.700]  I'll not get into the elements of the bill of review.
[22:40.700 --> 22:46.700]  But the motion to stay or recall the writ was denied.
[22:46.700 --> 22:51.700]  I had that on appeal.
[22:51.700 --> 22:56.700]  We filed a TRO, temporary restraining order.
[22:56.700 --> 23:01.700]  Judge Covington at the district court here in Travis County
[23:01.700 --> 23:05.700]  granted our TRO and had some very interesting things to say.
[23:05.700 --> 23:08.700]  She saw there, I say there,
[23:08.700 --> 23:13.700]  the bank's attorneys' attempts to move forward on this writ
[23:13.700 --> 23:16.700]  as a collateral attack on Judge Phillips' ruling.
[23:16.700 --> 23:21.700]  She understands the difference between landlord-tenant relationship
[23:21.700 --> 23:23.700]  created under a deed of trust
[23:23.700 --> 23:27.700]  and that being different from one created under a lease or rent agreement.
[23:27.700 --> 23:31.700]  And she was not very happy with the bank's attorneys.
[23:31.700 --> 23:35.700]  So she granted our TRO with a smile.
[23:35.700 --> 23:38.700]  And anybody who knows anything about a TRO,
[23:38.700 --> 23:43.700]  a temporary restraining order, once granted,
[23:43.700 --> 23:46.700]  turns into a temporary injunction,
[23:46.700 --> 23:49.700]  which you have to go get set for a hearing.
[23:49.700 --> 23:51.700]  We set the TI for a hearing.
[23:51.700 --> 23:53.700]  Here come the Houston boys.
[23:53.700 --> 23:55.700]  They removed that to the Fed.
[23:55.700 --> 24:00.700]  And if anybody in the Travis County or Williamson County area
[24:00.700 --> 24:02.700]  knows anything about the federal court,
[24:02.700 --> 24:06.700]  we went before Judge Sam Sparks today.
[24:06.700 --> 24:11.700]  Yesterday, let me pause right there and go back to yesterday.
[24:11.700 --> 24:18.700]  Yesterday we went in and had a hearing on the bill of review.
[24:18.700 --> 24:22.700]  The justice court said yes, just out of hand.
[24:22.700 --> 24:26.700]  She actually came in, the judge actually came into the court
[24:26.700 --> 24:29.700]  ready to grant our bill of review.
[24:29.700 --> 24:32.700]  We've not gone to court on the merits.
[24:32.700 --> 24:35.700]  The first time you go into court on a bill of review,
[24:35.700 --> 24:38.700]  you go in to file it.
[24:38.700 --> 24:43.700]  You set it for hearing if the court will entertain it.
[24:43.700 --> 24:46.700]  If the court doesn't dismiss it, they will set it for hearing.
[24:46.700 --> 24:49.700]  You go into that hearing and they will grant it.
[24:49.700 --> 24:52.700]  That means that you get a brand new case.
[24:52.700 --> 24:55.700]  The bill of review reopens the case
[24:55.700 --> 25:00.700]  as if the default judgment had never been rendered
[25:00.700 --> 25:03.700]  and as if the first forcible detainer had never been heard.
[25:03.700 --> 25:04.700]  It's a new case.
[25:04.700 --> 25:08.700]  Same issue, same thing, same pleading, but a new case.
[25:08.700 --> 25:10.700]  So we go in today.
[25:10.700 --> 25:13.700]  Opposing counsel did not show up.
[25:13.700 --> 25:18.700]  She came into court with a written order that she put together.
[25:18.700 --> 25:22.700]  And she said, is opposing counsel here?
[25:22.700 --> 25:23.700]  No, Your Honor.
[25:23.700 --> 25:25.700]  Okay, I'll grant your bill of review.
[25:25.700 --> 25:28.700]  She started writing on this order.
[25:28.700 --> 25:32.700]  We said, Your Honor, will this order also reflect a recall
[25:32.700 --> 25:35.700]  of the writ of possession since we're reopening this case?
[25:35.700 --> 25:36.700]  It stands to...
[25:36.700 --> 25:38.700]  Oh, yeah, yeah, no problem.
[25:38.700 --> 25:42.700]  She wrote that in there, so the writ of possession is now dead.
[25:42.700 --> 25:44.700]  It's gone.
[25:44.700 --> 25:45.700]  Finished.
[25:45.700 --> 25:47.700]  They're going to have to file another forcible detainer.
[25:47.700 --> 25:50.700]  But they still got that two-year statute of limitations
[25:50.700 --> 25:55.700]  that they're now three years outside, barred by time from filing.
[25:55.700 --> 26:01.700]  Now, today we went before the honorable Sam Sparks.
[26:01.700 --> 26:05.700]  If anybody knows anybody about anything at all about Sam Sparks,
[26:05.700 --> 26:09.700]  rule one, banks always win.
[26:09.700 --> 26:12.700]  Rule two, see rule one.
[26:12.700 --> 26:16.700]  You're not going to get any traction with Sparks.
[26:16.700 --> 26:21.700]  We filed a motion to dismiss the TI.
[26:21.700 --> 26:24.700]  As of yesterday, we don't need it.
[26:24.700 --> 26:26.700]  It's moot.
[26:26.700 --> 26:28.700]  So we got that dismissed.
[26:28.700 --> 26:31.700]  We got it dismissed with prejudice.
[26:31.700 --> 26:34.700]  Okay, now, problem.
[26:34.700 --> 26:38.700]  In the temporary injunction, motion for temporary injunction,
[26:38.700 --> 26:45.700]  we filed for intrinsic fraud, extrinsic fraud, quiet title.
[26:45.700 --> 26:51.700]  Quiet title was raised about two, maybe three years ago in the district court
[26:51.700 --> 26:56.700]  and was dismissed on a summary judgment.
[26:56.700 --> 27:01.700]  Here's a word of warning, folks, with quiet title actions.
[27:01.700 --> 27:05.700]  If you're going to file a quiet title action, by all means, file it.
[27:05.700 --> 27:13.700]  But make absolutely sure that you have a rock-solid case,
[27:13.700 --> 27:20.700]  that you've got competent evidence to show that the complaining party has no standing.
[27:20.700 --> 27:24.700]  They are not entitled to enforce the instruments.
[27:24.700 --> 27:31.700]  They're not pete, okay, because you only get one shot at this.
[27:31.700 --> 27:40.700]  My argument on this quiet title action, the second one that I filed,
[27:40.700 --> 27:49.700]  which went over like a lead balloon, was dismissed with prejudice because I'd already lost.
[27:49.700 --> 27:55.700]  My argument on this, or the quiet title had already been heard and dismissed.
[27:55.700 --> 28:02.700]  My argument to come back in a second time was that I am now raising new issues.
[28:02.700 --> 28:11.700]  I'd already been to Joe Esquivel, who had written a masterful affidavit of facts,
[28:11.700 --> 28:13.700]  but it doesn't matter.
[28:13.700 --> 28:15.700]  I learned that today.
[28:15.700 --> 28:23.700]  You only get one shot at quiet title, and if you do not make sure that all of the elements are met,
[28:23.700 --> 28:28.700]  you're not going to get it and you're not coming back for a second shot.
[28:28.700 --> 28:32.700]  I thought I could come back because I'm raising new issues.
[28:32.700 --> 28:36.700]  They don't go on the issues, they go on the cause of action,
[28:36.700 --> 28:40.700]  and that cause of action had already been dismissed.
[28:40.700 --> 28:50.700]  So, if you're going into a quiet title action, you had better have both barrels loaded.
[28:50.700 --> 28:52.700]  And I don't mean with blanks.
[28:52.700 --> 28:58.700]  What I'm saying is you better go to Joe Esquivel and get some competent evidence to take to court,
[28:58.700 --> 29:02.700]  or the court will politely hand you your, well, if you're going in front of sparks,
[29:02.700 --> 29:08.700]  it won't be so politely, but you will have your backside summarily handed to you.
[29:08.700 --> 29:15.700]  But, as of today, we are down to one case before the court.
[29:15.700 --> 29:18.700]  I'm dismissing my appeal because it's moot.
[29:18.700 --> 29:21.700]  The federal case got dismissed today.
[29:21.700 --> 29:25.700]  Now we're going to go back in and kick their teeth in
[29:25.700 --> 29:29.700]  on this two-year statute of limitations in the bill of review.
[29:29.700 --> 29:32.700]  When we come back from break, I'll tell you a little bit more
[29:32.700 --> 29:37.700]  about why I think the judge was so accommodating today.
[29:37.700 --> 29:40.700]  This is getting very interesting.
[29:40.700 --> 29:42.700]  So, we're going into break.
[29:42.700 --> 29:44.700]  Leslie, stay there. I see you're on the board.
[29:44.700 --> 29:50.700]  And anybody would like to call in, 512-646-1984 is the number to dial.
[29:50.700 --> 29:52.700]  Randy will be back on the other side.
[29:52.700 --> 29:54.700]  I should have this wrapped up in the next few minutes.
[29:54.700 --> 30:21.700]  Stay tuned, folks. We'll be right back.
[30:25.700 --> 30:27.700]  So, protect your rights.
[30:27.700 --> 30:31.700]  Say no to surveillance and keep your information to yourself.
[30:31.700 --> 30:33.700]  Privacy, it's worth hanging on to.
[30:33.700 --> 30:36.700]  This message is brought to you by StartPage.com,
[30:36.700 --> 30:40.700]  the private search engine alternative to Google, Yahoo, and Bing.
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[31:04.700 --> 31:07.700]  For letting Google attach a black box to your home network,
[31:07.700 --> 31:12.700]  they pay 100 bucks and another 20 for every month you let them watch you.
[31:12.700 --> 31:17.700]  Under the agreement, Google can do whatever it wants with the personal data it collects.
[31:17.700 --> 31:21.700]  ScreenWise sounds pennywise and privacy foolish to me.
[31:21.700 --> 31:26.700]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[31:51.700 --> 31:55.700]  Google does the job of 10 products that save you space, time, and money.
[31:55.700 --> 32:02.700]  Call 888-910-4367 only at sqsa.org.
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[32:05.700 --> 32:08.700]  In today's America, we live in an us-against-them society,
[32:08.700 --> 32:10.700]  and if we the people are ever going to have a free society,
[32:10.700 --> 32:13.700]  then we're going to have to stand and defend our own rights.
[32:13.700 --> 32:15.700]  Among those rights are the right to travel freely from place to place,
[32:15.700 --> 32:17.700]  the right to act in our own private capacity,
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[32:22.700 --> 32:25.700]  to learn how to enforce and preserve our rights through due process.
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[32:31.700 --> 32:33.700]  that will help you understand what due process is
[32:33.700 --> 32:35.700]  and how to hold courts to the rule of law.
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[33:03.700 --> 33:07.700]  You're listening to the Logos Radio Network
[33:07.700 --> 33:11.700]  at logosradionetwork.com.
[33:11.700 --> 33:16.700]  Yeah, I got a warrant,
[33:16.700 --> 33:19.700]  and I'm going to solve them
[33:19.700 --> 33:22.700]  to the head of government them,
[33:22.700 --> 33:25.700]  prosecute them.
[33:25.700 --> 33:27.700]  Okay.
[33:27.700 --> 33:29.700]  Welcome back to Rule of Law Radio, folks.
[33:29.700 --> 33:32.700]  Before we left, I promised to give some insight.
[33:32.700 --> 33:34.700]  Actually, I don't know if it's insight.
[33:34.700 --> 33:36.700]  I'm just kind of wondering at this point
[33:36.700 --> 33:39.700]  why this judge who has
[33:39.700 --> 33:43.700]  handed me my backside several times
[33:43.700 --> 33:47.700]  was so accommodating yesterday.
[33:47.700 --> 33:51.700]  Keep in mind, this is the same judge
[33:51.700 --> 33:55.700]  that denied the motion to stay or recall the writ.
[33:55.700 --> 33:58.700]  We asked her to recall the writ today, or yesterday.
[33:58.700 --> 34:00.700]  She didn't bat an eye.
[34:00.700 --> 34:02.700]  Sure, not a problem.
[34:02.700 --> 34:04.700]  Started writing, handed us the order.
[34:04.700 --> 34:06.700]  There you go.
[34:06.700 --> 34:08.700]  Constable's office is right across the street.
[34:08.700 --> 34:10.700]  I'll be happy to do that to them.
[34:10.700 --> 34:11.700]  Thank you, Your Honor.
[34:11.700 --> 34:12.700]  Have a nice day.
[34:12.700 --> 34:13.700]  Can we be dismissed?
[34:13.700 --> 34:14.700]  Okay, bye.
[34:14.700 --> 34:18.700]  So, why was she so accommodating?
[34:18.700 --> 34:21.700]  She didn't tell us, but here's what I think.
[34:21.700 --> 34:26.700]  One of two things, or both, may have occurred.
[34:31.700 --> 34:36.700]  Either she actually read my pleading
[34:36.700 --> 34:38.700]  and got some merit in it,
[34:38.700 --> 34:43.700]  or she got a visit from Judge Phillips.
[34:43.700 --> 34:47.700]  It was a week ago.
[34:47.700 --> 34:49.700]  I've been trying to take,
[34:49.700 --> 34:52.700]  and I am not going to mention any names,
[34:52.700 --> 34:55.700]  and I would ask nobody else mention names.
[34:55.700 --> 35:00.700]  But a week ago, I drafted a criminal affidavit,
[35:00.700 --> 35:02.700]  and I'm trying to find the right hands
[35:02.700 --> 35:04.700]  to put this criminal affidavit in.
[35:04.700 --> 35:05.700]  I went to the DA.
[35:05.700 --> 35:07.700]  The DA sent me to Austin Police Department.
[35:07.700 --> 35:10.700]  The police department sent me to the attorney general.
[35:10.700 --> 35:12.700]  The attorney general sent me to the bar.
[35:12.700 --> 35:15.700]  The bar sent me back to the DA,
[35:15.700 --> 35:17.700]  so I come full circle.
[35:17.700 --> 35:19.700]  So I went back to Judge Phillips.
[35:19.700 --> 35:22.700]  I said, Your Honor.
[35:22.700 --> 35:24.700]  This was not in the court.
[35:24.700 --> 35:26.700]  This was outside his chambers.
[35:26.700 --> 35:29.700]  I said, Your Honor, I understand you have two hats.
[35:29.700 --> 35:31.700]  He looked at me kind of funny and grand.
[35:31.700 --> 35:33.700]  He said, you mind explaining that?
[35:33.700 --> 35:35.700]  You have a judge's hat and you have a magistrate's hat.
[35:35.700 --> 35:37.700]  He said, oh, oh, those hats.
[35:37.700 --> 35:39.700]  Yeah, well, what about them?
[35:39.700 --> 35:41.700]  I said, well, sir, I'm going to ask you to take your judge's hat off
[35:41.700 --> 35:42.700]  and put your magistrate's hat on,
[35:42.700 --> 35:45.700]  because I have reason to believe and therefore do believe,
[35:45.700 --> 35:49.700]  and I have reduced my beliefs to writing in this affidavit
[35:49.700 --> 35:54.700]  that you are a witness to the felony crime,
[35:54.700 --> 35:57.700]  one count of felony barotry,
[35:57.700 --> 36:00.700]  four counts of felony aggravated perjury,
[36:00.700 --> 36:03.700]  four counts of contempt of court,
[36:03.700 --> 36:06.700]  four counts of fraud upon the court,
[36:06.700 --> 36:10.700]  and I don't have enough fingers or toes to count the ethics violations.
[36:10.700 --> 36:13.700]  And he grand and said, is this in regard to,
[36:13.700 --> 36:19.700]  and he mentioned the individual who I have these complaints about,
[36:19.700 --> 36:21.700]  and I said, yes, Your Honor, it is.
[36:21.700 --> 36:24.700]  He said, well, Mr. Skidmore, if I was a witness to it,
[36:24.700 --> 36:26.700]  I can't magistrate it.
[36:26.700 --> 36:28.700]  I said, well, okay.
[36:28.700 --> 36:30.700]  Do you have any suggestions?
[36:30.700 --> 36:33.700]  He said, well, you might try the grand jury.
[36:33.700 --> 36:35.700]  I said, okay.
[36:35.700 --> 36:41.700]  So I was stonewalled at the grand jury by the DA's office.
[36:41.700 --> 36:45.700]  So we're right back where we started.
[36:45.700 --> 36:51.700]  Now you take complaints against the DA to Judge Phillips
[36:51.700 --> 36:55.700]  and tell Judge Phillips that I followed your advice,
[36:55.700 --> 36:58.700]  your direction, and went to the grand jury,
[36:58.700 --> 37:02.700]  but the district attorney, once having made known to him
[37:02.700 --> 37:04.700]  that crime had been committed,
[37:04.700 --> 37:07.700]  interfered with my access to the grand jury,
[37:07.700 --> 37:11.700]  and he didn't care what you said.
[37:11.700 --> 37:12.700]  I'll try that.
[37:12.700 --> 37:16.700]  And charge him with, oh, you can charge him with 203.
[37:16.700 --> 37:20.700]  Yeah, this guy's a lawyer, so he's a quasi-public official.
[37:20.700 --> 37:23.700]  Charge him under 2.03.
[37:23.700 --> 37:25.700]  Okay, criminal code?
[37:25.700 --> 37:30.700]  Criminal code, when a prosecuting attorney's made known
[37:30.700 --> 37:32.700]  in any manner that a public official's violated law
[37:32.700 --> 37:35.700]  or led to his office, he shall reduce complaint and information
[37:35.700 --> 37:37.700]  to submit to the grand jury.
[37:37.700 --> 37:41.700]  Since the lawyer is an officer of the court,
[37:41.700 --> 37:44.700]  he's a quasi-public official.
[37:44.700 --> 37:47.700]  Use that one on him, and let him argue that it doesn't.
[37:47.700 --> 37:49.700]  There you go.
[37:49.700 --> 37:51.700]  Let him argue it doesn't apply.
[37:51.700 --> 37:55.700]  I might put wings on that thing and see if it'll fly.
[37:55.700 --> 38:02.700]  But at any rate, I have a suspicion that the justice court
[38:02.700 --> 38:07.700]  may have gotten a visit by Judge Phillips
[38:07.700 --> 38:11.700]  because of my accusations.
[38:11.700 --> 38:15.700]  It could be that, and this is just purely speculation,
[38:15.700 --> 38:19.700]  could be that Judge Phillips went to the justice court
[38:19.700 --> 38:22.700]  and said, you better make this go away.
[38:22.700 --> 38:24.700]  I was a witness to this.
[38:24.700 --> 38:30.700]  Now he's making an issue of it, and I did nothing about it.
[38:30.700 --> 38:35.700]  That may have prompted her to go read deeper into my,
[38:35.700 --> 38:37.700]  and keep in mind, too, that this is the judge
[38:37.700 --> 38:40.700]  that has ruled twice in our favor.
[38:40.700 --> 38:43.700]  He may have just gone and put a bug in her ear and said,
[38:43.700 --> 38:47.700]  hey, listen, honey, I've already ruled on this twice.
[38:47.700 --> 38:50.700]  You better not let them back into my court.
[38:50.700 --> 38:54.700]  They've already established a pattern and practice
[38:54.700 --> 38:57.700]  of appealing your decisions.
[38:57.700 --> 39:00.700]  I don't want these people in my court again.
[39:00.700 --> 39:04.700]  You make this go away.
[39:04.700 --> 39:07.700]  That is a possibility.
[39:07.700 --> 39:12.700]  And that concludes my rant for the evening.
[39:12.700 --> 39:16.700]  Well, cock-a-doodle-doo to you, too.
[39:16.700 --> 39:19.700]  We're getting traction, folks.
[39:19.700 --> 39:21.700]  It takes a lot of fighting.
[39:21.700 --> 39:23.700]  It takes a lot of studying.
[39:23.700 --> 39:31.700]  It takes competent evidence, and it takes tenacity.
[39:31.700 --> 39:33.700]  I was going to say something else that's not fit for air,
[39:33.700 --> 39:37.700]  but it takes courage.
[39:37.700 --> 39:39.700]  It takes persistence.
[39:39.700 --> 39:42.700]  Those are always the ones we always see that win
[39:42.700 --> 39:45.700]  are the ones that never give up.
[39:45.700 --> 39:46.700]  It's me.
[39:46.700 --> 39:50.700]  Well, I've been doing this for five years now.
[39:50.700 --> 39:53.700]  I've worked for two private investigation companies
[39:53.700 --> 39:56.700]  that specialize in these issues.
[39:56.700 --> 39:59.700]  I now work in an attorney's office.
[39:59.700 --> 40:01.700]  It's kind of funny.
[40:01.700 --> 40:03.700]  Jeff Kelly of Kelly Legal Group.
[40:03.700 --> 40:05.700]  When we're in court, I'm his boss.
[40:05.700 --> 40:07.700]  When we're at the office, he's my boss.
[40:07.700 --> 40:09.700]  But he doesn't even really feel like a boss.
[40:09.700 --> 40:12.700]  It feels like I work with him, for him.
[40:12.700 --> 40:15.700]  I really, really do enjoy working with this guy.
[40:15.700 --> 40:19.700]  He's a pretty amazing guy.
[40:19.700 --> 40:20.700]  For a lawyer.
[40:20.700 --> 40:22.700]  For a lawyer, yeah.
[40:22.700 --> 40:24.700]  A little caveat there.
[40:24.700 --> 40:26.700]  Yes, for an attorney, he's a very good one.
[40:26.700 --> 40:30.700]  Outside of that, as a man, I respect him.
[40:30.700 --> 40:37.700]  But he's willing to go the distance.
[40:37.700 --> 40:39.700]  I'm willing to go the distance.
[40:39.700 --> 40:41.700]  We're starting to get traction.
[40:41.700 --> 40:43.700]  I'm getting a lot better feeling.
[40:43.700 --> 40:47.700]  I'm getting a lot more comfortable as this thing progresses.
[40:47.700 --> 40:51.700]  The issues are starting to kind of level out.
[40:51.700 --> 40:53.700]  I honestly feel the Justice Court,
[40:53.700 --> 40:55.700]  we're going to get a fair shake this go-around.
[40:55.700 --> 40:56.700]  Good, I hope so.
[40:56.700 --> 41:01.700]  I hope this goes away and it's done and over with.
[41:01.700 --> 41:03.700]  Yeah, that'll be great.
[41:03.700 --> 41:08.700]  Now, let me revisit this issue on the dismissal
[41:08.700 --> 41:10.700]  with prejudice of my quiet title.
[41:10.700 --> 41:16.700]  Now, my quiet title is based on the affidavit of Joseph R. Esquivel.
[41:16.700 --> 41:20.700]  These are issues that have been dismissed with prejudice,
[41:20.700 --> 41:22.700]  so I can't come in as a plaintiff.
[41:22.700 --> 41:30.700]  However, I have the belief that the bank's attorneys are not going to give up.
[41:30.700 --> 41:40.700]  So if they lose on this, which I expect them to lose on this bill of review,
[41:40.700 --> 41:47.700]  it will put the monkey on the bank's back to go back to Phillips.
[41:47.700 --> 41:50.700]  I don't think he's going to be happy to see them,
[41:50.700 --> 41:56.700]  but I've got these guys in kind of a squeeze play.
[41:56.700 --> 42:01.700]  Now, if they do choose to come back after me again,
[42:01.700 --> 42:10.700]  I can use Joe's affidavit not so much as a sword, but more as a shield.
[42:10.700 --> 42:12.700]  Does that make sense?
[42:12.700 --> 42:24.700]  Yeah, my concern about Sparks was how did he get subject matter jurisdiction?
[42:24.700 --> 42:32.700]  The claim under the removal was diversity of jurisdiction.
[42:32.700 --> 42:40.700]  Was one of the claimants a citizen of the state?
[42:40.700 --> 42:46.700]  No, citizen of Philadelphia.
[42:46.700 --> 42:51.700]  Man, that falls under international shoe.
[42:51.700 --> 42:57.700]  Citizen of Philadelphia comes to Texas and does business in Texas.
[42:57.700 --> 43:01.700]  Well, they're registered with the Secretary of State to do business.
[43:01.700 --> 43:03.700]  They're doing business in Texas.
[43:03.700 --> 43:09.700]  You didn't go to Philadelphia and enter into a contract with someone in Philadelphia.
[43:09.700 --> 43:13.700]  You dealt with someone in Texas.
[43:13.700 --> 43:16.700]  But it wasn't this someone.
[43:16.700 --> 43:21.700]  But it doesn't matter. It is the entity.
[43:21.700 --> 43:29.700]  So this someone is representing the person who you entered into the contract with.
[43:29.700 --> 43:31.700]  Well, there's another issue, too, Randy.
[43:31.700 --> 43:36.700]  The removal to the Fed, and I see we're coming up to break real quick.
[43:36.700 --> 43:37.700]  I'll try to get this out.
[43:37.700 --> 43:40.700]  The removal of the Fed in the first paragraph, it says,
[43:40.700 --> 43:48.700]  Now comes PNC Bank National Association, incorrectly named PNC Mortgage, blah, blah, blah, blah, blah.
[43:48.700 --> 43:50.700]  That shows a cloud on the title.
[43:50.700 --> 43:56.700]  512-646-1984 is the number to dial if you'd like to join us in conversation tonight, folks.
[43:56.700 --> 43:58.700]  And we'll be right back after these few messages.
[43:58.700 --> 44:01.700]  Stay tuned.
[44:01.700 --> 44:05.700]  Hello. My name is Stuart Smith from naturespureorganics.com.
[44:05.700 --> 44:11.700]  And I would like to invite you to come by our store at 1904 Guadalupe Street, Suite D here in Austin, Texas.
[44:11.700 --> 44:17.700]  I'm Brave New Books and Chase Banks to see all our fantastic health and wellness products with your very own eyes.
[44:17.700 --> 44:21.700]  Have a look at our Miracle Healing Clay that started our adventure in alternative medicine.
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[46:51.700 --> 46:57.700]  Welcome back to Rule of Law Radio.
[46:57.700 --> 47:02.700]  I tried to get Randy to bring us in because he's going to introduce Leslie in Pennsylvania.
[47:02.700 --> 47:04.700]  Randy, pick it up from there, buddy.
[47:04.700 --> 47:07.700]  Okay, we were dueling intros.
[47:07.700 --> 47:19.700]  Okay, we have Leslie from Pennsylvania, and you were going to come in last week and we had technical issues.
[47:19.700 --> 47:24.700]  But apparently you've had some wins.
[47:24.700 --> 47:31.700]  Yes, but also we have a couple things going on here.
[47:31.700 --> 47:44.700]  All right, a friend of mine had a mortgage, and the bank decided to pay her taxes and stick her with all kinds of fees and demand everything up front.
[47:44.700 --> 47:48.700]  Even though she had paid her taxes, they would pay twice that year.
[47:48.700 --> 47:50.700]  So they threw her into foreclosure.
[47:50.700 --> 47:59.700]  Then she found out the judge had no oath of office and neither did the sheriff for at least four years.
[47:59.700 --> 48:01.700]  That's not uncommon.
[48:01.700 --> 48:02.700]  Right.
[48:02.700 --> 48:10.700]  So she signed a Colorado lawsuit demanding their oath of office and all that kind of stuff.
[48:10.700 --> 48:17.700]  So the judge signed an oath of office in 2014 and dates it 2012.
[48:17.700 --> 48:23.700]  Then he has the sheriff and the notary countersign it, and they date it 2014.
[48:23.700 --> 48:29.700]  And then he has the court reporter take the petition of the oath to put it in the record.
[48:29.700 --> 48:41.700]  And then they assign a judge, the higher ups assign a super judge to the case, and it's going to be heard in July.
[48:41.700 --> 48:45.700]  While the statute of limitations busy voted.
[48:45.700 --> 48:51.700]  So you think there's a chance they're going to hammer this judge?
[48:51.700 --> 48:53.700]  Oh, yeah.
[48:53.700 --> 48:56.700]  They're taking this very seriously.
[48:56.700 --> 49:04.700]  Is there anything that would have told the statute of limitations?
[49:04.700 --> 49:13.700]  That is, is there anything in the court, in a higher court that would have stopped the ticking of the statute of limitations clock?
[49:13.700 --> 49:16.700]  No.
[49:16.700 --> 49:17.700]  Okay.
[49:17.700 --> 49:26.700]  Well, it would seem every time he stepped up on the bench, a new infraction would have occurred impersonating a public official.
[49:26.700 --> 49:27.700]  That's correct.
[49:27.700 --> 49:30.700]  And this goes back from 2008.
[49:30.700 --> 49:35.700]  So if he kept stepping up on the bench, he kept resetting the clock.
[49:35.700 --> 49:37.700]  Yeah.
[49:37.700 --> 49:47.700]  And meanwhile, she has a foreclosure in front of this judge that can't be decided before this is over.
[49:47.700 --> 49:52.700]  She might look at suing the judge personally.
[49:52.700 --> 49:53.700]  Yeah.
[49:53.700 --> 50:02.700]  If you get the ruling, he was impersonating a public official and he doesn't have any immunity of any kind.
[50:02.700 --> 50:07.700]  And I suspect that his bond won't apply either.
[50:07.700 --> 50:08.700]  Right.
[50:08.700 --> 50:18.700]  Because he got the bond based on his meeting the requirements of a judge and he didn't meet those requirements.
[50:18.700 --> 50:19.700]  Exactly.
[50:19.700 --> 50:22.700]  Then we have some other things about filing assignments.
[50:22.700 --> 50:32.700]  In Texas even, in Denton County, we looked at a document that was from Countrywide.
[50:32.700 --> 50:40.700]  And it was filled out by one of those, what do you call it, the Roeber Center kind of things.
[50:40.700 --> 50:46.700]  And the interesting thing about this assignment and mortgage is it's all typed out except for two things.
[50:46.700 --> 50:49.700]  Handwritten in is the assignee.
[50:49.700 --> 50:52.700]  And let me give you some facts on this first.
[50:52.700 --> 50:56.700]  It's dated September 28, 2004.
[50:56.700 --> 51:12.700]  But it's assigned to a person, to the company, it's a CSAB mortgage back, mortgage back pass-through certificate series, 2007-1.
[51:12.700 --> 51:22.700]  So how come in 2004 they're assigning it into a 2007 trust?
[51:22.700 --> 51:24.700]  That is interesting.
[51:24.700 --> 51:37.700]  And also they have the instrument number is written in and it was not recorded until 7-29-04 a day later.
[51:37.700 --> 51:43.700]  Now tell me, do they really hire fortune tellers?
[51:43.700 --> 51:48.700]  No, but they do hear crystal balls.
[51:48.700 --> 51:51.700]  I'm sorry, maybe I shouldn't have said that.
[51:51.700 --> 51:57.700]  I think that goes to brass.
[51:57.700 --> 52:00.700]  Didn't want to go there, but okay.
[52:00.700 --> 52:01.700]  But that's forgery.
[52:01.700 --> 52:03.700]  In Pennsylvania that's forgery.
[52:03.700 --> 52:08.700]  One other question about that document.
[52:08.700 --> 52:09.700]  Yes.
[52:09.700 --> 52:17.700]  Did the filer come down to the court and hand an original to the clerk for filing?
[52:17.700 --> 52:18.700]  I don't think so.
[52:18.700 --> 52:21.700]  Or did they file it electronically?
[52:21.700 --> 52:25.700]  I don't know.
[52:25.700 --> 52:28.700]  How would you know?
[52:28.700 --> 52:41.700]  Under 15 U.S. Code 7003, that particular document is specifically forbidden to be filed electronically.
[52:41.700 --> 52:44.700]  It's actually named in the statute.
[52:44.700 --> 52:46.700]  And there's a reason for that.
[52:46.700 --> 52:54.700]  Because this document has to be filed in original format with the original signature on it.
[52:54.700 --> 52:58.700]  This has to be a wedding signature document.
[52:58.700 --> 53:03.700]  You can't hand a wedding signature document electronically.
[53:03.700 --> 53:09.700]  So the Electronic Filing Act forbade those particular documents to be filed electronically.
[53:09.700 --> 53:17.700]  That means the document is not in proper form and is invalid.
[53:17.700 --> 53:19.700]  Okay, there's another ticker.
[53:19.700 --> 53:23.700]  It wasn't recorded until 2014.
[53:23.700 --> 53:25.700]  Ten years later.
[53:25.700 --> 53:29.700]  That is not necessarily a problem.
[53:29.700 --> 53:33.700]  Oh, unless they're in Pennsylvania where they're required to.
[53:33.700 --> 53:36.700]  Yes.
[53:36.700 --> 53:41.700]  Actually in Texas they are too.
[53:41.700 --> 53:43.700]  Steve, what statute is that?
[53:43.700 --> 53:49.700]  Once you have, you're not required to file a document at all.
[53:49.700 --> 54:00.700]  However, once you file a document, if there's any change made to that document or to the claim under the document,
[54:00.700 --> 54:04.700]  then you must file the change.
[54:04.700 --> 54:13.700]  That would be Texas Local Government Code section 192.007.
[54:13.700 --> 54:16.700]  Is there a limitation on the time that they file?
[54:16.700 --> 54:18.700]  Do they have like 90 days or 6 months?
[54:18.700 --> 54:22.700]  Not that I'm aware of.
[54:22.700 --> 54:29.700]  The only limitation I know, the only thing that goes to that is that 21 days,
[54:29.700 --> 54:33.700]  the grace period you have on the security instrument.
[54:33.700 --> 54:39.700]  Once the note is signed, once you enter into the contract,
[54:39.700 --> 54:47.700]  their deed of trust or their security instrument is perfected for 21 days.
[54:47.700 --> 54:53.700]  The security interest, not the instrument.
[54:53.700 --> 54:57.700]  That would go to UCC or state equivalent.
[54:57.700 --> 55:00.700]  Let's stick with the UCC.
[55:00.700 --> 55:11.700]  9-213 E through H.
[55:11.700 --> 55:17.700]  Yes, Article 9, Section 213, subsections E through H.
[55:17.700 --> 55:19.700]  Go read those very carefully.
[55:19.700 --> 55:26.700]  That allows the E through G is kind of a pick your situation,
[55:26.700 --> 55:31.700]  whether it's a new security or transferred and blah, blah, blah.
[55:31.700 --> 55:39.700]  H is the result of not perfecting your security interest.
[55:39.700 --> 55:44.700]  That section of code allows a 20-day temporary perfection
[55:44.700 --> 55:48.700]  until the security interest is perfected.
[55:48.700 --> 55:51.700]  How do you perfect the security interest?
[55:51.700 --> 56:00.700]  In Texas, you go back to the Texas Local Government Code, 192.007.
[56:00.700 --> 56:03.700]  Now, where is their obligation to obey the law?
[56:03.700 --> 56:07.700]  Covenant 16 of the deed of trust.
[56:07.700 --> 56:10.700]  This security instrument, keep in mind they always bring the security instrument
[56:10.700 --> 56:13.700]  as their proof of claim to take the property.
[56:13.700 --> 56:16.700]  This security instrument shall be governed by federal law
[56:16.700 --> 56:20.700]  and the laws of the jurisdiction in which the property is located.
[56:20.700 --> 56:23.700]  Okay, hold on, let me just back up a second.
[56:23.700 --> 56:30.700]  The original security instrument, they are not required to file that at all.
[56:30.700 --> 56:31.700]  Correct.
[56:31.700 --> 56:36.700]  However, if they want to prove a claim to the property later on, they'd better.
[56:36.700 --> 56:42.700]  Yeah, 13.001 says a claim against real property not properly acknowledged
[56:42.700 --> 56:48.700]  or proven and filed with the county record of avoidance to the holder.
[56:48.700 --> 56:51.700]  Say country, you are free to screw yourself if you want to.
[56:51.700 --> 56:52.700]  Absolutely.
[56:52.700 --> 56:57.700]  And you've got a free 20 days in which to get that filed.
[56:57.700 --> 57:01.700]  On the 21st day, if you hadn't filed it and somebody else runs in there
[57:01.700 --> 57:05.700]  and drops a claim against the property in there, you've got a problem.
[57:05.700 --> 57:13.700]  But if you do get it filed and then there is an assignment of the security instrument
[57:13.700 --> 57:22.700]  or an appointment of substitute trustee, that has to be filed under 190.007.
[57:22.700 --> 57:23.700]  Is that right?
[57:23.700 --> 57:25.700]  Did I state that right?
[57:25.700 --> 57:27.700]  I believe so, yes.
[57:27.700 --> 57:31.700]  And that one, 007 says shall.
[57:31.700 --> 57:34.700]  It does not say may, might, or can if they want to.
[57:34.700 --> 57:35.700]  Correct.
[57:35.700 --> 57:39.700]  Now we go to the Texas government code for the definition of shall.
[57:39.700 --> 57:42.700]  That imposes a duty.
[57:42.700 --> 57:53.700]  While in the remedies code under 191.007, there is no specific remedy there.
[57:53.700 --> 57:57.700]  So the remedy we go to is what Steve said earlier.
[57:57.700 --> 58:02.700]  It's back to the security instrument where both parties agree to abide by our law.
[58:02.700 --> 58:06.700]  At that point, you've either got an unsecured party or breach of contract.
[58:06.700 --> 58:08.700]  Take your pick.
[58:08.700 --> 58:12.700]  Either one makes it an unsecured party.
[58:12.700 --> 58:13.700]  Right.
[58:13.700 --> 58:16.700]  I have another question.
[58:16.700 --> 58:19.700]  We're going to have to wait until after the break, folks.
[58:19.700 --> 58:23.700]  We're going to the top of the hour break, as a matter of fact.
[58:23.700 --> 58:28.700]  And Steve in New York, Tim in California, Chris and PA, we see you guys there.
[58:28.700 --> 58:30.700]  Leslie, stay with us.
[58:30.700 --> 58:36.700]  Randy and I will be back with our guest Leslie in Pennsylvania after these messages.
[58:36.700 --> 58:41.700]  512-646-1984 is the number to dial if you'd like to get in line.
[58:41.700 --> 58:42.700]  Please do.
[58:42.700 --> 58:43.700]  It's going to be a long night.
[58:43.700 --> 58:46.700]  We've got until midnight Central time, so dial in.
[58:46.700 --> 58:49.700]  We'll be right back, folks, staging.
[58:49.700 --> 58:53.700]  Would you like to make more definite progress in your walk with God?
[58:53.700 --> 59:00.700]  Bibles for America is offering a free study Bible and a set of free Christian books that can really help.
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[59:05.700 --> 59:12.700]  It's an accurate translation and it contains thousands of footnotes that will help you to know God and to know the meaning of life.
[59:12.700 --> 59:17.700]  The free books are a three-volume set called Basic Elements of the Christian Life.
[59:17.700 --> 59:23.700]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan of salvation,
[59:23.700 --> 59:27.700]  growing in Christ and how to build up the Church.
[59:27.700 --> 59:33.700]  To order your free New Testament Recovery Version and Basic Elements of the Christian Life,
[59:33.700 --> 59:40.700]  call Bibles for America toll free at 888-551-0102.
[59:40.700 --> 59:44.700]  That's 888-551-0102.
[59:44.700 --> 59:49.700]  Or visit us online at bfa.org.
[01:00:14.700 --> 01:00:16.700]  This is Justin Armand.
[01:00:16.700 --> 01:00:18.700]  And this is Jessica Armand.
[01:00:18.700 --> 01:00:21.700]  Here with your Liberty Beat for May 15th, 2014.
[01:00:21.700 --> 01:00:30.700]  Gold opened today at $1,297, silver at $19.59, and bitcoin is trading at $449.
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[01:00:45.700 --> 01:00:50.700]  And from Roberts & Roberts Brokerage, Inc., specializing in precious metals since 1977.
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[01:01:01.700 --> 01:01:03.700]  And now the news.
[01:01:03.700 --> 01:01:13.700]  The New York Times and the Justice Department are under scrutiny for bowing to the NSA for either hiding or misinforming the public about the agency's secret spying program.
[01:01:13.700 --> 01:01:25.700]  A two-part program called United States of Secrets reveals the New York Times' 2004 decision to kill a story on the NSA spying program in the months leading up to the year's presidential election.
[01:01:25.700 --> 01:01:40.700]  Officials at the NSA reportedly convinced journalists at the New York Times not to run a story claiming the agency's spying tactics were completely legal and, if revealed, could endanger the country's national security.
[01:01:40.700 --> 01:01:46.700]  Monday, a Texas County grand jury indicted a former Austin police detective for manslaughter.
[01:01:46.700 --> 01:01:52.700]  The second-degree charge is punishable for up to 20 years in prison and a fine of $10,000.
[01:01:52.700 --> 01:01:58.700]  Officials were investigating a bank robbery when 32-year-old Larry Jackson showed up at the scene of the crime.
[01:01:58.700 --> 01:02:05.700]  Detectives began questioning Jackson after bank officials said they recognized him as a man who might try to defraud the bank.
[01:02:05.700 --> 01:02:12.700]  When Jackson fled after being questioned, former detective Charles Kleinert chased him down, fatally shooting him in the neck.
[01:02:12.700 --> 01:02:19.700]  The grand jury said Kleinert failed to maintain a sufficient distance from Jackson in which he could safely holster his gun.
[01:02:19.700 --> 01:02:27.700]  Kleinert retired last October, but pension records show he will still collect $72,000 annually, even if he's convicted.
[01:02:27.700 --> 01:02:43.700]  In 2013, among the 360,000 illegal immigrants freed by the United States Immigration and Customs Enforcement were 116 homicide convictions, 43 negligent for manslaughter, and 14 for voluntary manslaughter.
[01:02:43.700 --> 01:02:51.700]  The Center for Immigration Studies revealed that ICE was holding deportation proceedings for the convicts, but instead released them back into the country.
[01:02:51.700 --> 01:03:14.700]  Texas Republican Lamar Smith is calling the release the worst prison break in American history.
[01:03:21.700 --> 01:03:31.700]  I won't pay for the war with my body.
[01:03:31.700 --> 01:03:34.700]  Ain't gonna pay for the car with my money.
[01:03:34.700 --> 01:03:37.700]  I won't pay for the fun with my body.
[01:03:37.700 --> 01:03:52.700]  These plants wicked and they're logic shoddy. Ain't gonna pay for the whore with my body. I won't pay for the boys with my money. Ain't gonna pay for the kids with my body.
[01:03:52.700 --> 01:03:54.700]  The whole agenda smells funny.
[01:03:54.700 --> 01:03:56.700]  Okay, we are back.
[01:03:56.700 --> 01:04:04.700]  Randy Chalkman, Steve Skidmore with La Radio, and we're talking to Leslie in Pennsylvania.
[01:04:04.700 --> 01:04:06.700]  Okay, Leslie.
[01:04:06.700 --> 01:04:12.700]  Okay, I have a situation that has occurred, and it's happened to more than one person I know.
[01:04:12.700 --> 01:04:17.700]  And I thought maybe I'd bring it out and let everybody hear it so that they keep their eyes open.
[01:04:17.700 --> 01:04:23.700]  The lender goes and pays the property taxes, right, and then they create an escrow account.
[01:04:23.700 --> 01:04:35.700]  And then the next bill you get for your monthly statement says you owe $36,000 or $25,000 to bring your account current.
[01:04:35.700 --> 01:04:38.700]  And then they throw you into foreclosure within two months.
[01:04:38.700 --> 01:04:46.700]  Okay, hold on. Let me bring Chris in Pennsylvania up. Interesting you should mention that.
[01:04:46.700 --> 01:04:48.700]  Chris, you there?
[01:04:48.700 --> 01:04:50.700]  I'm here, Randy. How are you?
[01:04:50.700 --> 01:04:55.700]  I am good. Haven't you experienced this same situation?
[01:04:55.700 --> 01:04:58.700]  We're in that exact same scenario, yes.
[01:04:58.700 --> 01:05:00.700]  Yes, will you tell what they did?
[01:05:00.700 --> 01:05:02.700]  It's happened to three people I know.
[01:05:02.700 --> 01:05:06.700]  Will you explain what they did to you, Chris?
[01:05:06.700 --> 01:05:08.700]  They did the exact same thing.
[01:05:08.700 --> 01:05:14.700]  We actually inquired about a modification, didn't actually ask for one.
[01:05:14.700 --> 01:05:24.700]  We inquired, and the bank immediately sent us a notice that they were going to put us in foreclosure and short sale our home, and we hadn't been delinquent.
[01:05:24.700 --> 01:05:35.700]  The next thing we found out is we paid our property tax, and the check got sent back to us telling us that the bank, who hadn't even had an assignment of mortgage at that point,
[01:05:35.700 --> 01:05:49.700]  said that they were going to escrow this and that the next time we got our monthly mortgage statement, it was $2,000, $1,000 more than it should be.
[01:05:49.700 --> 01:05:56.700]  And they wouldn't accept payment other than what they said they escrowed, and we have a waiver to escrow our taxes.
[01:05:56.700 --> 01:06:01.700]  So they immediately sent us into foreclosure.
[01:06:01.700 --> 01:06:10.700]  So you have went after them. Were you going to give us an update on what has occurred in your case?
[01:06:10.700 --> 01:06:22.700]  Pennsylvania has this conciliatory meeting program which provides a stay in order to work out a modification.
[01:06:22.700 --> 01:06:27.700]  We couldn't work out a modification because the bank never gave us one.
[01:06:27.700 --> 01:06:32.700]  They just gave us a trial period telling us that we were going to do this trial period for something we had never seen.
[01:06:32.700 --> 01:06:47.700]  So we got out of the conciliatory meeting, and we've just now filed a quiet title action and haven't heard from the bank in three weeks.
[01:06:47.700 --> 01:06:50.700]  Wait a minute. This is after you filed the action?
[01:06:50.700 --> 01:06:51.700]  Yes.
[01:06:51.700 --> 01:06:54.700]  Have they answered the action?
[01:06:54.700 --> 01:06:56.700]  Not yet.
[01:06:56.700 --> 01:07:00.700]  In Pennsylvania, how long do they have to answer?
[01:07:00.700 --> 01:07:02.700]  30 days.
[01:07:02.700 --> 01:07:04.700]  Yes, 30 days, I believe it is.
[01:07:04.700 --> 01:07:15.700]  Okay, because most states have this oddball Monday after the 20th day.
[01:07:15.700 --> 01:07:21.700]  So if you had that, they'd probably already be out of time, so they still have a little more time.
[01:07:21.700 --> 01:07:35.700]  They have a little more time. We've set up the quiet title in response to their QWR, which was the fact that they are not the lender.
[01:07:35.700 --> 01:07:44.700]  And they're telling us through phone conversations now that they are the lender.
[01:07:44.700 --> 01:07:51.700]  So we were hoping that the collateral stopple works for the fact that they've admitted they're not the lender and Fannie Mae is the lender.
[01:07:51.700 --> 01:08:04.700]  And in calling Fannie Mae and asking if we could get our QWR, we sent them more than 30 days ago, almost 40 days now, a response to that to see if they are actually the lender.
[01:08:04.700 --> 01:08:06.700]  We haven't gotten anything back from them.
[01:08:06.700 --> 01:08:13.700]  Okay, hold on. You didn't get something within five days, notifying you that they received it?
[01:08:13.700 --> 01:08:15.700]  No, we did not.
[01:08:15.700 --> 01:08:17.700]  Okay, that's a requirement.
[01:08:17.700 --> 01:08:37.700]  We've got five days to notify you that they received it, then they have 30 days to respond.
[01:08:37.700 --> 01:08:51.700]  Right. Well, we sent a certified received request and we got the notice back that they actually received it based on that, but we haven't gotten notification from them that they've received it.
[01:08:51.700 --> 01:08:54.700]  Oh, okay. You've got the green card back.
[01:08:54.700 --> 01:08:56.700]  We got the green card back, yes.
[01:08:56.700 --> 01:09:07.700]  That don't count. The other side's got it notifying you. So good, good. I have them with Unclean and you have them subject to statutory stopple.
[01:09:07.700 --> 01:09:09.700]  Right.
[01:09:09.700 --> 01:09:12.700]  Another thing, Randy, Randy, if I may.
[01:09:12.700 --> 01:09:13.700]  Yes.
[01:09:13.700 --> 01:09:20.700]  When you said that they haven't replied in three weeks and I said they have 30 days to reply, it's a total of 30 days.
[01:09:20.700 --> 01:09:27.700]  After 21 days, you have to send them a notice, a 10-day notice that you're going to file for a default judgment.
[01:09:27.700 --> 01:09:31.700]  I may have 10 days to answer that.
[01:09:31.700 --> 01:09:40.700]  The rules recently changed on response to a QWR and it's shorter now than it was a couple years ago.
[01:09:40.700 --> 01:09:41.700]  I'm not talking about the QWR.
[01:09:41.700 --> 01:09:44.700]  It used to be 60 days.
[01:09:44.700 --> 01:09:48.700]  I'm talking about the quiet title.
[01:09:48.700 --> 01:09:51.700]  The filing of the complaint.
[01:09:51.700 --> 01:09:57.700]  On the client title, he should file the 10-day notice.
[01:09:57.700 --> 01:10:07.700]  It's called a notice of precipice, notifying them that he's going to precipice them in 10 days to have a default judgment.
[01:10:07.700 --> 01:10:10.700]  Oh.
[01:10:10.700 --> 01:10:14.700]  I'd like Pennsylvania. They've got different stuff.
[01:10:14.700 --> 01:10:16.700]  It's commonwealth, isn't it?
[01:10:16.700 --> 01:10:17.700]  Yes, it is.
[01:10:17.700 --> 01:10:18.700]  Yes, okay.
[01:10:18.700 --> 01:10:21.700]  Precipices are still alive in commonwealths.
[01:10:21.700 --> 01:10:29.700]  Unfortunately, I tried a precipice here in Texas and I was informed that this is not a commonwealth.
[01:10:29.700 --> 01:10:32.700]  Yes, he should file the precipice that he's going to.
[01:10:32.700 --> 01:10:39.700]  It's a notice of precipice to file for default judgment.
[01:10:39.700 --> 01:10:49.700]  Then on the 30th day, he can file a motion for default judgment with the court.
[01:10:49.700 --> 01:10:57.700]  If he files the other way and has the court personitary do it, that doesn't work with quiet title.
[01:10:57.700 --> 01:11:00.700]  That works with all other cases, but it doesn't work with quiet title.
[01:11:00.700 --> 01:11:05.700]  You have to motion the court for default judgment.
[01:11:05.700 --> 01:11:14.700]  In all other cases, once you do the precipice and give them fair notice, then you take your default to the clerk and the clerk can authorize the default.
[01:11:14.700 --> 01:11:17.700]  Just stamp it for 20 bucks and you got your judgment, yes.
[01:11:17.700 --> 01:11:23.700]  Good, but this quiet title is specific in that the judge has to do it.
[01:11:23.700 --> 01:11:25.700]  I can understand the reason for that.
[01:11:25.700 --> 01:11:26.700]  Right.
[01:11:26.700 --> 01:11:28.700]  Because you're taking people's real property.
[01:11:28.700 --> 01:11:31.700]  Thank you, Leslie. That is wonderful.
[01:11:31.700 --> 01:11:32.700]  Chris?
[01:11:32.700 --> 01:11:35.700]  Yes. Thank you, Leslie.
[01:11:35.700 --> 01:11:48.700]  I listened to last week's show and I was impressed because I had just gotten off the phone a week or two ago with Nancy Becker from Montgomery County giving her kudos on her request.
[01:11:48.700 --> 01:11:50.700]  Right.
[01:11:50.700 --> 01:12:03.700]  As a matter of fact, Randy, while I'm thinking about it, check your Skype, I sent you a copy of her motion for counterclaim or for counter motion for summary judgment.
[01:12:03.700 --> 01:12:07.700]  I gave you the pleading to use to win that.
[01:12:07.700 --> 01:12:08.700]  I saw it.
[01:12:08.700 --> 01:12:10.700]  I've been traveling.
[01:12:10.700 --> 01:12:17.700]  I just come back from Austin, so I didn't get time to download it and read it, but I see it there.
[01:12:17.700 --> 01:12:20.700]  Okay, just so you know.
[01:12:20.700 --> 01:12:22.700]  Okay, thank you.
[01:12:22.700 --> 01:12:25.700]  Do you have anything else, Leslie?
[01:12:25.700 --> 01:12:33.700]  No, I was just very concerned about what to tell people to do because I was thinking that is a breach of contract.
[01:12:33.700 --> 01:12:35.700]  Chris?
[01:12:35.700 --> 01:12:37.700]  Yes.
[01:12:37.700 --> 01:12:52.700]  We talked about this with Chris. In Chris's case, it was a little particular because you had a specific agreement to escrow yourself, but I would go for the bank.
[01:12:52.700 --> 01:12:54.700]  I'd go for fraud.
[01:12:54.700 --> 01:13:03.700]  This is a deliberate manipulation in order to put you into default.
[01:13:03.700 --> 01:13:04.700]  Right.
[01:13:04.700 --> 01:13:13.700]  And as far as I can tell, unless there's some stipulation in the contract going to this, this is all for virus.
[01:13:13.700 --> 01:13:15.700]  Right.
[01:13:15.700 --> 01:13:18.700]  The bank has no power to do that.
[01:13:18.700 --> 01:13:20.700]  Right.
[01:13:20.700 --> 01:13:25.700]  So if you want to pay my taxes, wonderful, but you have no power to bill me for those taxes.
[01:13:25.700 --> 01:13:31.700]  Yeah, the taxing authorities don't care where the money comes from so long as it keeps coming.
[01:13:31.700 --> 01:13:41.700]  And just so everybody knows, anybody out there could come and pay my taxes anytime they want to.
[01:13:41.700 --> 01:13:44.700]  And it won't give you a claim against my property.
[01:13:44.700 --> 01:13:47.700]  No, it won't.
[01:13:47.700 --> 01:13:50.700]  Not even a colorable claim.
[01:13:50.700 --> 01:13:59.700]  I've been waiting for a judgment on my clientele for quite some time, and I was going to wait until the next taxes were paid and then go get a judgment.
[01:13:59.700 --> 01:14:09.700]  But I found out that in Pennsylvania, if a court does not make a decision in a case in a year, that the judge gets written up.
[01:14:09.700 --> 01:14:15.700]  Oh, that is where I was looking into judicial conduct.
[01:14:15.700 --> 01:14:19.700]  And a judge did exactly that.
[01:14:19.700 --> 01:14:29.700]  Because it wasn't foreclosure, but in most any case, the court is required to maintain his calendar.
[01:14:29.700 --> 01:14:31.700]  And someone sued the judge.
[01:14:31.700 --> 01:14:33.700]  The judge had just gotten into office.
[01:14:33.700 --> 01:14:47.700]  And one of his first cases didn't get a ruling within a year, and they filed a judicial conduct complaint against him and sued him, and they hammered him big time.
[01:14:47.700 --> 01:14:50.700]  So, technically, Pennsylvania has some interesting laws.
[01:14:50.700 --> 01:14:58.700]  Well, I'm going to press a P for a judgment, I think, just to get the one party kicked out of the case.
[01:14:58.700 --> 01:15:04.700]  And they can wait forever to rule on the rest of it.
[01:15:04.700 --> 01:15:08.700]  They say it stays in limbo as long as it's...
[01:15:08.700 --> 01:15:15.700]  Well, no, because if it waits too much longer after that, because every six months there's another report due.
[01:15:15.700 --> 01:15:21.700]  So if they see it's been a year and a half, they'll throw your case out if you don't do anything.
[01:15:21.700 --> 01:15:27.700]  Yeah. Here in Texas, they'll generally dismiss in six months for failure to prosecute.
[01:15:27.700 --> 01:15:35.700]  So if you file an action and you don't do anything and it just sits there, six months it goes on the dismissal target.
[01:15:35.700 --> 01:15:38.700]  That's what I'm saying, yeah.
[01:15:38.700 --> 01:15:40.700]  Pennsylvania's a little different.
[01:15:40.700 --> 01:15:43.700]  They wait a year, and then they hammer the judge first.
[01:15:43.700 --> 01:15:45.700]  That's interesting.
[01:15:45.700 --> 01:15:50.700]  And then six months later, you get your case thrown out by a tribunal.
[01:15:50.700 --> 01:15:55.700]  So would you petition to do that, like with the mandamus or something?
[01:15:55.700 --> 01:15:57.700]  Or is this something that the court would...
[01:15:57.700 --> 01:16:02.700]  You know, I'm just going to file a press a P for determination, saying all parties have been served,
[01:16:02.700 --> 01:16:06.700]  all parties never answered, and I want a decision.
[01:16:06.700 --> 01:16:10.700]  Oh, so you would still have to move the court to take this action?
[01:16:10.700 --> 01:16:11.700]  Yes.
[01:16:11.700 --> 01:16:13.700]  So you're not going to do that automatically?
[01:16:13.700 --> 01:16:17.700]  No, it doesn't appear that way.
[01:16:17.700 --> 01:16:20.700]  Okay.
[01:16:20.700 --> 01:16:24.700]  Chris, did you have something you wanted to address?
[01:16:24.700 --> 01:16:33.700]  I did, and while you have Leslie on the phone, if it's possible, Leslie, have you heard of anything in Pennsylvania
[01:16:33.700 --> 01:16:39.700]  giving an assignment to the bank from a bank that's already been closed for three years,
[01:16:39.700 --> 01:16:41.700]  have you run through any of those cases?
[01:16:41.700 --> 01:16:43.700]  Okay, hang on.
[01:16:43.700 --> 01:16:45.700]  Yeah, we're going to have to get that answer after the break.
[01:16:45.700 --> 01:16:49.700]  Take it, Randy.
[01:16:49.700 --> 01:16:51.700]  This is Randy Hilton, East Gidmore.
[01:16:51.700 --> 01:16:58.700]  We'll radio our call-in number, 512-646-1984, and I am not falling off the cliff.
[01:16:58.700 --> 01:17:10.700]  We'll be right back.
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[01:19:00.700 --> 01:19:11.700]  This is the Logos Radio Network.
[01:19:11.700 --> 01:19:21.700]  This is the Logos Radio Network.
[01:19:41.700 --> 01:19:46.700]  You put the fear in my pocket, took the money from my hand.
[01:19:46.700 --> 01:19:55.700]  Ain't gonna fool me with that same old trick again.
[01:19:55.700 --> 01:20:11.700]  Ain't gonna fool me.
[01:20:11.700 --> 01:20:13.700]  Welcome back to Rural Law Radio, folks.
[01:20:13.700 --> 01:20:20.700]  Leslie had another question in regard to Quiet Title.
[01:20:20.700 --> 01:20:22.700]  Leslie, you want to ask a question?
[01:20:22.700 --> 01:20:23.700]  Go ahead.
[01:20:23.700 --> 01:20:27.700]  Yes, in Texas, they have statute of limitations of four years,
[01:20:27.700 --> 01:20:31.700]  and with a deed of trust, they require two different doses.
[01:20:31.700 --> 01:20:33.700]  Okay, pause, pause, pause, pause, pause.
[01:20:33.700 --> 01:20:34.700]  Leslie, pause.
[01:20:34.700 --> 01:20:38.700]  Statute of limitations of four years to what issue?
[01:20:38.700 --> 01:20:40.700]  Foreclosure?
[01:20:40.700 --> 01:20:41.700]  Yes.
[01:20:41.700 --> 01:20:42.700]  Okay, yes.
[01:20:42.700 --> 01:20:49.700]  You know, they said they have to be sold within four years of the date of occurrence of default.
[01:20:49.700 --> 01:21:00.700]  And what we need to know is there are two 20-day notices due before they can sell the house.
[01:21:00.700 --> 01:21:04.700]  There's the notice to cure and the notice of sale.
[01:21:04.700 --> 01:21:12.700]  And because none of those were filed in time to have a sale before the four years of sale,
[01:21:12.700 --> 01:21:17.700]  can she file her Quiet Title now?
[01:21:17.700 --> 01:21:22.700]  Or should she just wait until the 40 days?
[01:21:22.700 --> 01:21:25.700]  Hmm, that's a good question.
[01:21:25.700 --> 01:21:29.700]  I still hear bumper music in the background.
[01:21:29.700 --> 01:21:33.700]  If we can get that killed somehow, that'd be great.
[01:21:33.700 --> 01:21:35.700]  I'm working on the bumper music.
[01:21:35.700 --> 01:21:40.700]  Okay, the four-year statute of limitations on foreclosure.
[01:21:40.700 --> 01:21:42.700]  Right.
[01:21:42.700 --> 01:21:46.700]  Okay, we can look at statute of limitations as a ticking clock.
[01:21:46.700 --> 01:21:49.700]  The question is when does the clock start ticking?
[01:21:49.700 --> 01:22:02.700]  That clock starts ticking when the accrual is 90 days after default.
[01:22:02.700 --> 01:22:05.700]  Oh, is that what it is, 90 days after default?
[01:22:05.700 --> 01:22:07.700]  Yes.
[01:22:07.700 --> 01:22:12.700]  Generally you've got three months to come back current.
[01:22:12.700 --> 01:22:16.700]  They should give you 90 days to come back current in that 90-day period.
[01:22:16.700 --> 01:22:19.700]  If you don't come current, then they can foreclose.
[01:22:19.700 --> 01:22:25.700]  On day 91, they've got four years to foreclose on the property.
[01:22:25.700 --> 01:22:27.700]  Oh.
[01:22:27.700 --> 01:22:28.700]  Right.
[01:22:28.700 --> 01:22:32.700]  Oh, here I thought it was all cut and dry.
[01:22:32.700 --> 01:22:37.700]  Any time you're looking at a statute of limitations,
[01:22:37.700 --> 01:22:41.700]  you've got to ask when does this clock start ticking?
[01:22:41.700 --> 01:22:46.700]  If you caught the first 30 minutes of the show,
[01:22:46.700 --> 01:22:52.700]  I went over when a cause of action accrues to file a forcible detainer.
[01:22:52.700 --> 01:22:53.700]  Right.
[01:22:53.700 --> 01:22:57.700]  In a renter or lease agreement for a forcible detainer,
[01:22:57.700 --> 01:23:00.700]  the cause reaccrues every month.
[01:23:00.700 --> 01:23:07.700]  But under a landlord-tenant relationship, under a deed of trust,
[01:23:07.700 --> 01:23:11.700]  that cause accrues one time and it's the fourth day
[01:23:11.700 --> 01:23:15.700]  after having received a three-day notice to vacate.
[01:23:15.700 --> 01:23:20.700]  That makes perfect sense in my mind because the alleged claimant is saying,
[01:23:20.700 --> 01:23:23.700]  okay, you're not supposed to be here.
[01:23:23.700 --> 01:23:27.700]  We're going to give you three days to pack your stuff and get out.
[01:23:27.700 --> 01:23:31.700]  But on day four, now we can sue you for forcible detainer
[01:23:31.700 --> 01:23:33.700]  and have you physically removed from the property
[01:23:33.700 --> 01:23:36.700]  or get rid of possession to have you physically removed from the property.
[01:23:36.700 --> 01:23:41.700]  So any time we're talking about statutes of limitations,
[01:23:41.700 --> 01:23:44.700]  when we read the statute that creates the limitation of time,
[01:23:44.700 --> 01:23:52.700]  it usually says a period of time after the day the cause of action accrues.
[01:23:52.700 --> 01:24:00.700]  Now we've got to go back in time and find out when did this cause of action accrue.
[01:24:00.700 --> 01:24:09.700]  And for foreclosure, the cause of action accrues 90 days after the initial default.
[01:24:09.700 --> 01:24:16.700]  Not 90 days after the last payment, 90 days after the payment that was missed.
[01:24:16.700 --> 01:24:19.700]  Correct. Correct.
[01:24:19.700 --> 01:24:24.700]  Well, okay, let's say you make a payment on the 1st of January.
[01:24:24.700 --> 01:24:31.700]  But you don't make a payment on the 1st of February.
[01:24:31.700 --> 01:24:39.700]  That's when the 2nd of February, the day after that payment was due,
[01:24:39.700 --> 01:24:43.700]  unless there's a grace period written into the contract,
[01:24:43.700 --> 01:24:49.700]  that's when that 90-day clock starts ticking.
[01:24:49.700 --> 01:24:51.700]  Okay, where do we find those 90 days?
[01:24:51.700 --> 01:24:55.700]  Is that in the statute also or is that just general?
[01:24:55.700 --> 01:24:57.700]  Let me see if I can find that.
[01:24:57.700 --> 01:24:59.700]  Go ahead with your conversation.
[01:24:59.700 --> 01:25:06.700]  Randy, pick up her question there and I'll do some research.
[01:25:06.700 --> 01:25:08.700]  Go ahead with your question, Leslie.
[01:25:08.700 --> 01:25:09.700]  Well, that was the question.
[01:25:09.700 --> 01:25:12.700]  I was wondering if that's in part of there.
[01:25:12.700 --> 01:25:25.700]  Because she was, like I said, her last payment was on June the 1st in 2010.
[01:25:25.700 --> 01:25:34.700]  So we thought that after July 3rd, 2014, that she would be clear.
[01:25:34.700 --> 01:25:38.700]  So she had to wait 90 more days then.
[01:25:38.700 --> 01:25:39.700]  Well, not necessarily.
[01:25:39.700 --> 01:25:46.700]  You can be current on your mortgage and file a quiet title action.
[01:25:46.700 --> 01:25:57.700]  You should have a notice from the bank telling you when you didn't make your last payment
[01:25:57.700 --> 01:25:59.700]  or telling you how many you're behind.
[01:25:59.700 --> 01:26:04.700]  And you can go up to the date that they tell you you're behind.
[01:26:04.700 --> 01:26:11.700]  That would establish the date you defaulted on the security instrument.
[01:26:11.700 --> 01:26:12.700]  Okay.
[01:26:12.700 --> 01:26:18.700]  Starting the clock on the force of the detainer is a different issue.
[01:26:18.700 --> 01:26:22.700]  Force of the detainer, that's when they give you the notice to vacate.
[01:26:22.700 --> 01:26:23.700]  Correct.
[01:26:23.700 --> 01:26:26.700]  And then you don't vacate.
[01:26:26.700 --> 01:26:31.700]  And they tell you to vacate within, what, three days, Steve?
[01:26:31.700 --> 01:26:34.700]  Yeah, they'll give you three days to pack your stuff and get out.
[01:26:34.700 --> 01:26:36.700]  That's a three-day notice to vacate.
[01:26:36.700 --> 01:26:40.700]  On date four, and you're still there, now that cause of action accrues.
[01:26:40.700 --> 01:26:48.700]  I just use that as an example for illustrative purposes.
[01:26:48.700 --> 01:26:51.700]  Julie, you get a notice of default.
[01:26:51.700 --> 01:26:58.700]  If she has a letter from the bank saying that she's in default as of July 2nd, 2008,
[01:26:58.700 --> 01:27:00.700]  that she can use that?
[01:27:00.700 --> 01:27:05.700]  And she is definitely in default on that date, so she's definitely set to vacate.
[01:27:05.700 --> 01:27:06.700]  Absolutely.
[01:27:06.700 --> 01:27:07.700]  Okay.
[01:27:07.700 --> 01:27:11.700]  Yeah, if they've already identified the day of accrual,
[01:27:11.700 --> 01:27:14.700]  that's when your clock starts ticking.
[01:27:14.700 --> 01:27:16.700]  Okay.
[01:27:16.700 --> 01:27:18.700]  All right, that helps.
[01:27:18.700 --> 01:27:19.700]  Okay.
[01:27:19.700 --> 01:27:21.700]  All right, thank you very much, Randy.
[01:27:21.700 --> 01:27:23.700]  Yep, that's it.
[01:27:23.700 --> 01:27:25.700]  Thank you, Ms. Leslie.
[01:27:25.700 --> 01:27:26.700]  Okay, bye-bye.
[01:27:26.700 --> 01:27:29.700]  Chris, have we answered your questions?
[01:27:29.700 --> 01:27:35.700]  Yes, I really called to ask a question about the assignment,
[01:27:35.700 --> 01:27:42.700]  and if you guys have ever come across anything unusual on an assignment
[01:27:42.700 --> 01:27:50.700]  that would make the face of the assignment valid or invalid,
[01:27:50.700 --> 01:27:58.700]  looking at an assignment and the witness who signed our assignment from Wachovia
[01:27:58.700 --> 01:28:05.700]  through MERS to Wells Fargo is noted under her name in the first –
[01:28:05.700 --> 01:28:13.700]  it has to be a huge typo because she's noted instead of secretary or vice president,
[01:28:13.700 --> 01:28:25.700]  she's listed as a resident of my current address.
[01:28:25.700 --> 01:28:33.700]  Well, from what I know of assignments, you've got to go back in time.
[01:28:33.700 --> 01:28:36.700]  Who is assigning to who?
[01:28:36.700 --> 01:28:41.700]  You've got an assignee who would assign to an assignee.
[01:28:41.700 --> 01:28:47.700]  If the assignee is not a party of record, then what right does he have –
[01:28:47.700 --> 01:28:51.700]  and I mean public record, not MERS, but public record –
[01:28:51.700 --> 01:28:56.700]  what right would he have to assign anything?
[01:28:56.700 --> 01:28:57.700]  Right.
[01:28:57.700 --> 01:29:00.700]  Now let's go back to –
[01:29:00.700 --> 01:29:02.700]  Wait, hold on, Steve. Hold on, Steve.
[01:29:02.700 --> 01:29:08.700]  In this case, he got the note through Wachovia.
[01:29:08.700 --> 01:29:09.700]  Right.
[01:29:09.700 --> 01:29:13.700]  And it's Wachovia who did the assignment.
[01:29:13.700 --> 01:29:15.700]  To Wells Fargo.
[01:29:15.700 --> 01:29:21.700]  Yeah, or MERS acting as nominee for Wachovia did the assignment.
[01:29:21.700 --> 01:29:22.700]  Right.
[01:29:22.700 --> 01:29:23.700]  Problem.
[01:29:23.700 --> 01:29:27.700]  MERS is listed as the assigner.
[01:29:27.700 --> 01:29:29.700]  Wait, say that again.
[01:29:29.700 --> 01:29:33.700]  MERS is listed as the assigner as nominee for Wachovia.
[01:29:33.700 --> 01:29:38.700]  Doesn't it say – they don't say they're acting as nominee for Wachovia?
[01:29:38.700 --> 01:29:40.700]  Yes, it does.
[01:29:40.700 --> 01:29:46.700]  Okay, so they're claiming to act as an agent for this person,
[01:29:46.700 --> 01:29:50.700]  this legal entity by the name of Wachovia.
[01:29:50.700 --> 01:29:54.700]  The problem is the person's dead.
[01:29:54.700 --> 01:30:15.700]  And we'll be right back after this break. Stay tuned.
[01:30:24.700 --> 01:30:26.700]  Freedom will start to vanish too.
[01:30:26.700 --> 01:30:28.700]  So protect your rights.
[01:30:28.700 --> 01:30:32.700]  Say no to surveillance and keep your information to yourself.
[01:30:32.700 --> 01:30:34.700]  Privacy, it's worth hanging on to.
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[01:33:35.700 --> 01:33:36.700]  We are back.
[01:33:36.700 --> 01:33:37.700]  Brent Kelton, Steve Gidmore.
[01:33:37.700 --> 01:33:42.700]  We'll lower you, and we're talking to Chris in Pennsylvania.
[01:33:42.700 --> 01:33:43.700]  Okay, Chris.
[01:33:43.700 --> 01:33:48.700]  This was the issue about MERS acting as an agent.
[01:33:48.700 --> 01:33:55.700]  And when I say agent, that's with the presumption that nominee means agent.
[01:33:55.700 --> 01:34:02.700]  For the purpose of this argument, we won't address whether nominee means agent
[01:34:02.700 --> 01:34:04.700]  or means something else undefined.
[01:34:04.700 --> 01:34:07.700]  That's a whole argument.
[01:34:07.700 --> 01:34:13.700]  But if we were to assume that MERS is acting in the capacity of agent,
[01:34:13.700 --> 01:34:18.700]  then if the principal is dead,
[01:34:18.700 --> 01:34:24.700]  how did the principal direct the agent to take an action?
[01:34:24.700 --> 01:34:27.700]  So that's the question to raise.
[01:34:27.700 --> 01:34:33.700]  You maintain that the assignment by MERS is fraudulent
[01:34:33.700 --> 01:34:40.700]  because it is impossible for the agent to act as an agent for a dead guy.
[01:34:40.700 --> 01:34:43.700]  There's no agency relationship.
[01:34:43.700 --> 01:34:44.700]  Right.
[01:34:44.700 --> 01:34:49.700]  The company for which he purports to act does not exist.
[01:34:49.700 --> 01:34:50.700]  Right.
[01:34:50.700 --> 01:34:56.700]  That's what we included in our complaint.
[01:34:56.700 --> 01:34:59.700]  The assertion, though, that I don't know,
[01:34:59.700 --> 01:35:06.700]  maybe I'm just kind of reaching for more evidence and more confirmation.
[01:35:06.700 --> 01:35:11.700]  When I'm looking at the assignment in there showing that the RoboSigner name
[01:35:11.700 --> 01:35:15.700]  is listed as a resident of my address,
[01:35:15.700 --> 01:35:22.700]  I didn't know if that in conclusion to what we just talked about is...
[01:35:22.700 --> 01:35:28.700]  And in thinking about that, when they filed this document,
[01:35:28.700 --> 01:35:32.700]  I mean, this is not just a simple business letter
[01:35:32.700 --> 01:35:36.700]  that they wrote to a business associate.
[01:35:36.700 --> 01:35:44.700]  This was a document sworn to before a notary and filed under oath.
[01:35:44.700 --> 01:35:50.700]  So that brings up the fact that it has this glaring error.
[01:35:50.700 --> 01:35:53.700]  It renders it a lot more important
[01:35:53.700 --> 01:35:57.700]  because they don't get to call them in this mistake
[01:35:57.700 --> 01:36:00.700]  because they swore under oath they didn't.
[01:36:00.700 --> 01:36:03.700]  They swore under oath everything was right.
[01:36:03.700 --> 01:36:07.700]  Either that person is a resident of your property
[01:36:07.700 --> 01:36:12.700]  or this document is fraudulent and void.
[01:36:12.700 --> 01:36:17.700]  So when I first said that's generally not something you can adjudicate,
[01:36:17.700 --> 01:36:21.700]  and I'm thinking in terms, you know, get a ticket and they spell your name wrong.
[01:36:21.700 --> 01:36:23.700]  Big deal.
[01:36:23.700 --> 01:36:27.700]  If there's enough information in there so they can correctly identify you,
[01:36:27.700 --> 01:36:31.700]  that's going to be harmless error.
[01:36:31.700 --> 01:36:38.700]  This is filed under oath in the record affecting property.
[01:36:38.700 --> 01:36:43.700]  So the question becomes, is there harmless error?
[01:36:43.700 --> 01:36:50.700]  Now, I suppose if they spelled nominee wrong or if they misspelled assignment,
[01:36:50.700 --> 01:36:53.700]  that might be considered as harmless error.
[01:36:53.700 --> 01:36:59.700]  Or like in one we had recently where the property description was incorrect.
[01:36:59.700 --> 01:37:04.700]  However, the property address was not incorrect.
[01:37:04.700 --> 01:37:10.700]  So that and the petition to correct it.
[01:37:10.700 --> 01:37:14.700]  So that did not render the document void
[01:37:14.700 --> 01:37:20.700]  because the property in question could still readily be identified
[01:37:20.700 --> 01:37:25.700]  because there was a second way to identify it.
[01:37:25.700 --> 01:37:29.700]  They listed them as the resident.
[01:37:29.700 --> 01:37:32.700]  So that raises the question,
[01:37:32.700 --> 01:37:42.700]  what agency would this person have to act under power for this company?
[01:37:42.700 --> 01:37:44.700]  I know the answer to that.
[01:37:44.700 --> 01:37:45.700]  Go ahead.
[01:37:45.700 --> 01:37:47.700]  None.
[01:37:47.700 --> 01:37:48.700]  Exactly.
[01:37:48.700 --> 01:37:53.700]  So and when a document is filed in the record,
[01:37:53.700 --> 01:38:04.700]  if it is acknowledged or proven, and I guess I should explain that,
[01:38:04.700 --> 01:38:13.700]  we don't really attack the acknowledgement, the notary, on a security instrument.
[01:38:13.700 --> 01:38:19.700]  And that's because the borrower created the security instrument
[01:38:19.700 --> 01:38:22.700]  and the borrower signed the security instrument.
[01:38:22.700 --> 01:38:27.700]  So if it's not properly acknowledged, what the courts will say,
[01:38:27.700 --> 01:38:32.700]  well, okay, this notary was their commission exporter
[01:38:32.700 --> 01:38:35.700]  or she wasn't in her jurisdiction.
[01:38:35.700 --> 01:38:39.700]  Well, Mr. Chris, did you sign this document?
[01:38:39.700 --> 01:38:43.700]  And you say, well, yeah, I signed the security instrument.
[01:38:43.700 --> 01:38:44.700]  Did you sign the security instrument?
[01:38:44.700 --> 01:38:45.700]  I don't know.
[01:38:45.700 --> 01:38:46.700]  I didn't sign this one.
[01:38:46.700 --> 01:38:47.700]  It's a copy.
[01:38:47.700 --> 01:38:49.700]  Did you sign one that looks a whole lot like this?
[01:38:49.700 --> 01:38:51.700]  He said, yeah, I did.
[01:38:51.700 --> 01:38:53.700]  There's nothing on this date that's on this one.
[01:38:53.700 --> 01:38:54.700]  I said, yeah, I did.
[01:38:54.700 --> 01:38:57.700]  That essentially means proof of it.
[01:38:57.700 --> 01:38:58.700]  Right.
[01:38:58.700 --> 01:39:00.700]  You can do that with a security instrument,
[01:39:00.700 --> 01:39:04.700]  but you can't do that with an assignment.
[01:39:04.700 --> 01:39:07.700]  You don't have to show power of attorney.
[01:39:07.700 --> 01:39:10.700]  You got it as a matter of course.
[01:39:10.700 --> 01:39:14.700]  But anybody else signing for anyone, even themselves,
[01:39:14.700 --> 01:39:18.700]  is going to have to show that they have authority,
[01:39:18.700 --> 01:39:21.700]  direct authority themselves or power of attorney
[01:39:21.700 --> 01:39:24.700]  for someone who does have direct authority.
[01:39:24.700 --> 01:39:30.700]  And in this case, this is an assignment by Merz for a dead guy.
[01:39:30.700 --> 01:39:37.700]  So first off, Merz doesn't have standing or power of authority
[01:39:37.700 --> 01:39:40.700]  to act as an agent for the dead guy.
[01:39:40.700 --> 01:39:46.700]  And even if he did, the individual who signed the document
[01:39:46.700 --> 01:39:51.700]  in the capacity of a resident of your property
[01:39:51.700 --> 01:39:56.700]  would not, is not by that affirmation,
[01:39:56.700 --> 01:39:59.700]  and that's what signing in law is called affirmation,
[01:39:59.700 --> 01:40:06.700]  is not by that affirmation claiming that he's acting as an attorney in fact.
[01:40:06.700 --> 01:40:12.700]  If he sat as a vice president or something for the company, then maybe.
[01:40:12.700 --> 01:40:17.700]  But it could be implied, attorney in fact, that he's implied
[01:40:17.700 --> 01:40:23.700]  that he is signing under the alleged capacity of an attorney in fact.
[01:40:23.700 --> 01:40:28.700]  It doesn't establish that he has, that he is an attorney in fact.
[01:40:28.700 --> 01:40:30.700]  It's merely implied.
[01:40:30.700 --> 01:40:35.700]  But here it's not even implied because the resident of the property
[01:40:35.700 --> 01:40:40.700]  would not necessarily give someone capacity to sign for Merz.
[01:40:40.700 --> 01:40:43.700]  Does that make sense, or am I just rambling?
[01:40:43.700 --> 01:40:46.700]  No, I mean, perfect sense.
[01:40:46.700 --> 01:40:50.700]  Okay, does that answer your question?
[01:40:50.700 --> 01:40:53.700]  That answers my question. Yes, it does.
[01:40:53.700 --> 01:40:54.700]  Wonderful.
[01:40:54.700 --> 01:41:01.700]  Okay, we have a second guest on here today, and she's been waiting.
[01:41:01.700 --> 01:41:04.700]  And I would like to bring up Carol.
[01:41:04.700 --> 01:41:12.700]  Carol does a show on Talk Show, Two Moms in a Burrow.
[01:41:12.700 --> 01:41:17.700]  Carol, will you tell us what Two Moms in a Burrow is all about?
[01:41:17.700 --> 01:41:22.700]  Yes, it's Two Moms on a Burrow on Blog Talk Radio,
[01:41:22.700 --> 01:41:27.700]  and it's a show about identity theft and identity fraud
[01:41:27.700 --> 01:41:34.700]  that's been discovered in a mortgage that was discovered in 2012,
[01:41:34.700 --> 01:41:38.700]  a mortgage transaction or a series of transactions under a mortgage
[01:41:38.700 --> 01:41:43.700]  that my middle daughter had purchased.
[01:41:43.700 --> 01:41:47.700]  So we named it Two Moms on a Burrow because we discovered that
[01:41:47.700 --> 01:41:51.700]  part of the way they securitized these assignments and properties
[01:41:51.700 --> 01:41:54.700]  is they ran it through the boroughs up in Alaska.
[01:41:54.700 --> 01:41:58.700]  So there were two mothers that discovered this fraud,
[01:41:58.700 --> 01:42:01.700]  and that's why we named it that.
[01:42:01.700 --> 01:42:06.700]  Okay, this is an interesting issue.
[01:42:06.700 --> 01:42:09.700]  I haven't heard this particular issue before
[01:42:09.700 --> 01:42:15.700]  of how they steal your identity with the insurance.
[01:42:15.700 --> 01:42:21.700]  It's easily explained because of the way I discovered it.
[01:42:21.700 --> 01:42:24.700]  So would you like me to start? Is it okay to start?
[01:42:24.700 --> 01:42:26.700]  Absolutely, yes.
[01:42:26.700 --> 01:42:28.700]  You've got all of our attention.
[01:42:28.700 --> 01:42:29.700]  Good.
[01:42:29.700 --> 01:42:33.700]  And you've got a minute and 30 seconds before we go to break.
[01:42:33.700 --> 01:42:35.700]  Oh, okay. Well, I'll set it up then.
[01:42:35.700 --> 01:42:40.700]  My daughter purchased a home in January of 2008.
[01:42:40.700 --> 01:42:42.700]  She started looking to purchase her first home,
[01:42:42.700 --> 01:42:44.700]  and she had two small children.
[01:42:44.700 --> 01:42:47.700]  She was a single parent. She worked.
[01:42:47.700 --> 01:42:50.700]  And I think she was about 26 or 27.
[01:42:50.700 --> 01:42:53.700]  One of my grandsons was four at the time,
[01:42:53.700 --> 01:42:56.700]  and the other one was eight.
[01:42:56.700 --> 01:43:01.700]  And so she purchased one home here in Richmond, Indiana.
[01:43:01.700 --> 01:43:05.700]  It was reportedly sold to her for $68,000
[01:43:05.700 --> 01:43:10.700]  by a local real estate firm who has quite a big business, actually,
[01:43:10.700 --> 01:43:15.700]  and a title company that is ran by the county and city attorneys,
[01:43:15.700 --> 01:43:18.700]  their law firm's house within this title company.
[01:43:18.700 --> 01:43:22.700]  So the partnership, the attorney's partnership, county and city,
[01:43:22.700 --> 01:43:25.700]  they run the city and the county.
[01:43:25.700 --> 01:43:30.700]  And a bank, which was a loan officer, actually,
[01:43:30.700 --> 01:43:36.700]  within First Horizon Bank is what we thought.
[01:43:36.700 --> 01:43:41.700]  So we have First Horizon Bank, a title company, and a real estate company.
[01:43:41.700 --> 01:43:43.700]  Let's pause it right there.
[01:43:43.700 --> 01:43:45.700]  I hear the music in the background.
[01:43:45.700 --> 01:43:49.700]  We're going to break. 512-646-1984.
[01:43:49.700 --> 01:43:52.700]  Stephen, New York. Tim, in California. Francis, in Colorado.
[01:43:52.700 --> 01:43:54.700]  We see you there.
[01:43:54.700 --> 01:43:57.700]  And we'll be right back with Carol on the other side of this break.
[01:43:57.700 --> 01:43:59.700]  Stay tuned, folks.
[01:43:59.700 --> 01:44:03.700]  You feel tired when talking about important topics like money and politics?
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[01:46:01.700 --> 01:46:08.700]  Well, you know karma's lurking around the corner.
[01:46:08.700 --> 01:46:12.700]  You better watch your friends when they come and take you.
[01:46:12.700 --> 01:46:15.700]  They're good in front of the father, you.
[01:46:15.700 --> 01:46:18.700]  They're good in front of the father, you.
[01:46:18.700 --> 01:46:26.700]  Yeah, little Jerry, it's in reality.
[01:46:26.700 --> 01:46:29.700]  Oh, yeah, karma's lurking around the corner.
[01:46:29.700 --> 01:46:31.700]  Spin, Jerry, come.
[01:46:31.700 --> 01:46:38.700]  As we so, so shall we read.
[01:46:38.700 --> 01:46:45.700]  With so many clues, so many words to put on, oh, how we read.
[01:46:45.700 --> 01:46:50.700]  Try as we will, turn small steps.
[01:46:50.700 --> 01:46:52.700]  Welcome back to Rule of Law, folks.
[01:46:52.700 --> 01:46:56.700]  Before we went to break, we were speaking with Carol.
[01:46:56.700 --> 01:46:59.700]  Carol, pick up your story there.
[01:46:59.700 --> 01:47:00.700]  Certainly.
[01:47:00.700 --> 01:47:03.700]  We're talking about the ID theft.
[01:47:03.700 --> 01:47:06.700]  Yes, identity fraud is what it's called, actually.
[01:47:06.700 --> 01:47:09.700]  A deputy sheriff had told me that.
[01:47:09.700 --> 01:47:12.700]  Anyway, my daughter bought a home in 2008,
[01:47:12.700 --> 01:47:15.700]  and she was making her payments timely.
[01:47:15.700 --> 01:47:16.700]  Everything was going well.
[01:47:16.700 --> 01:47:22.700]  However, in 2012, around, oh, September 2012,
[01:47:22.700 --> 01:47:26.700]  actually in July 2012, she fell behind.
[01:47:26.700 --> 01:47:30.700]  So she was under a HAMP program, or one of the HARP II programs
[01:47:30.700 --> 01:47:36.700]  that the Obama administration had put into place to help homeowners in distress.
[01:47:36.700 --> 01:47:39.700]  So they foreclosed upon her September the 29th.
[01:47:39.700 --> 01:47:41.700]  Yeah, that's really helped the country out a lot.
[01:47:41.700 --> 01:47:42.700]  Yeah.
[01:47:42.700 --> 01:47:46.700]  September the 29th, 2012, they served her papers.
[01:47:46.700 --> 01:47:49.700]  And I was very sick at the time, or I thought I was,
[01:47:49.700 --> 01:47:52.700]  and this woke me up out of my deathbed.
[01:47:52.700 --> 01:47:54.700]  I said, let me look at your papers.
[01:47:54.700 --> 01:47:57.700]  And she said, I'm just, you know, I'm about to give up, Mom.
[01:47:57.700 --> 01:48:01.700]  And I thought, do I want her to move back in with me, or do I want to help her?
[01:48:01.700 --> 01:48:04.700]  So I told her, I said, get all your papers.
[01:48:04.700 --> 01:48:07.700]  And I went to her house, actually, and I said, let's go in your basement.
[01:48:07.700 --> 01:48:09.700]  I want every single paper you have.
[01:48:09.700 --> 01:48:11.700]  Just let me look at them.
[01:48:11.700 --> 01:48:12.700]  I just want to look at them.
[01:48:12.700 --> 01:48:13.700]  And she's like, okay.
[01:48:13.700 --> 01:48:15.700]  So I brought those papers home.
[01:48:15.700 --> 01:48:19.700]  And I looked through the papers, and I opened up a white real estate folder
[01:48:19.700 --> 01:48:21.700]  from Lingle Real Estate.
[01:48:21.700 --> 01:48:23.700]  It's a real estate agency here in Tam.
[01:48:23.700 --> 01:48:30.700]  And I opened it up, and when I opened up that folder, that white folder
[01:48:30.700 --> 01:48:33.700]  that had a rubber band around it, like a band, there was,
[01:48:33.700 --> 01:48:37.700]  my daughter purchased one home, reportedly, at 422 Randolph Street.
[01:48:37.700 --> 01:48:41.700]  However, there were three homes within that folder,
[01:48:41.700 --> 01:48:43.700]  three descriptions for three properties.
[01:48:43.700 --> 01:48:45.700]  There were also nine loans.
[01:48:45.700 --> 01:48:48.700]  My daughter reportedly only took out one loan.
[01:48:48.700 --> 01:48:53.700]  There was also an 11-page fax from the title company.
[01:48:53.700 --> 01:48:57.700]  And as I was speaking before the break, this title company is ran
[01:48:57.700 --> 01:48:59.700]  by the county and city attorneys.
[01:48:59.700 --> 01:49:02.700]  It's hooked onto U.S. Bank, the foreclosing bank.
[01:49:02.700 --> 01:49:06.700]  It's hooked onto U.S. Bank via a skywalk.
[01:49:06.700 --> 01:49:10.700]  So here we have a title company ran by the county and city attorneys,
[01:49:10.700 --> 01:49:13.700]  hooked onto the foreclosing bank via a skywalk.
[01:49:13.700 --> 01:49:15.700]  And it's a 10-page fax.
[01:49:15.700 --> 01:49:20.700]  And she bought the home March 14th of 2008, reportedly.
[01:49:20.700 --> 01:49:24.700]  But that 10-page fax transmission told a different story.
[01:49:24.700 --> 01:49:29.700]  It showed that they backdated the policy, the ALTA, the title policy,
[01:49:29.700 --> 01:49:33.700]  with ALTA forms that were already ALTAs in on this.
[01:49:33.700 --> 01:49:35.700]  It's American Land and Title Association.
[01:49:35.700 --> 01:49:39.700]  They backdated her name to the year 2006.
[01:49:39.700 --> 01:49:45.700]  So you see, when you backdate the title policy in a potential buyer's name,
[01:49:45.700 --> 01:49:51.700]  that makes the buyer the seller at the closing table.
[01:49:51.700 --> 01:49:57.700]  So my daughter, without knowing it, actually signed away all rights to her heirs,
[01:49:57.700 --> 01:50:02.700]  assignees, successors, signed away everything right away.
[01:50:02.700 --> 01:50:05.700]  And remember, I said they had three properties within this.
[01:50:05.700 --> 01:50:10.700]  The crook file is what I call it, because the real estate agent had accidentally
[01:50:10.700 --> 01:50:13.700]  sent her the crook file.
[01:50:13.700 --> 01:50:17.700]  I found within her papers a letter from the real estate agent.
[01:50:17.700 --> 01:50:19.700]  She bought the home in 2008.
[01:50:19.700 --> 01:50:23.700]  And in 2009, he's a big real estate agent, too.
[01:50:23.700 --> 01:50:26.700]  He's got lots of business, sells lots of houses.
[01:50:26.700 --> 01:50:28.700]  But he sent her a letter special.
[01:50:28.700 --> 01:50:30.700]  He said, I want to help you out with your taxes.
[01:50:30.700 --> 01:50:34.700]  Instead of digging in your papers, let me send you your HUD 1 settlement statement.
[01:50:34.700 --> 01:50:36.700]  And you just use this for your taxes.
[01:50:36.700 --> 01:50:38.700]  And my daughter did.
[01:50:38.700 --> 01:50:41.700]  She didn't look at those papers.
[01:50:41.700 --> 01:50:45.700]  They didn't see the light of day until I pulled them out from the basement.
[01:50:45.700 --> 01:50:51.700]  So immediately upon discovering that, I called the real estate agent who was
[01:50:51.700 --> 01:50:56.700]  identified by the papers as Tim Orr and the thank you letter telling her to use
[01:50:56.700 --> 01:50:58.700]  his HUD 1 form.
[01:50:58.700 --> 01:51:03.700]  I called him up, and I identified myself as Rachel Diddy's mother.
[01:51:03.700 --> 01:51:04.700]  He said, oh, yes, how is she?
[01:51:04.700 --> 01:51:05.700]  I said, she's fine.
[01:51:05.700 --> 01:51:06.700]  I said, do you have a few minutes?
[01:51:06.700 --> 01:51:08.700]  He's like, yes.
[01:51:08.700 --> 01:51:10.700]  I said, well, I'm looking at her papers.
[01:51:10.700 --> 01:51:12.700]  And I said, she's going through a foreclosure.
[01:51:12.700 --> 01:51:13.700]  He's like, I'm sorry to hear that.
[01:51:13.700 --> 01:51:15.700]  And I said, but it's awful funny.
[01:51:15.700 --> 01:51:18.700]  I see three properties here.
[01:51:18.700 --> 01:51:25.700]  And he said, oh, my effing God, this is a nightmare.
[01:51:25.700 --> 01:51:27.700]  Can I call you back?
[01:51:27.700 --> 01:51:30.700]  And he hung up.
[01:51:30.700 --> 01:51:31.700]  And then he tried to call right back.
[01:51:31.700 --> 01:51:36.700]  But by that time, I was calling the title company, which is Abstract's Title of
[01:51:36.700 --> 01:51:40.700]  Richmond, Incorporated, and talked to a Robin Moore, who is the
[01:51:40.700 --> 01:51:42.700]  administrative secretary.
[01:51:42.700 --> 01:51:44.700]  And I told her, I said, I have papers here.
[01:51:44.700 --> 01:51:46.700]  And I said, I have a bug inspection report.
[01:51:46.700 --> 01:51:49.700]  And it has a forged, I said, it's a bug inspection report.
[01:51:49.700 --> 01:51:51.700]  It has two pages to it.
[01:51:51.700 --> 01:51:55.700]  I said, but the back page, there's a mortgage affidavit stating that my
[01:51:55.700 --> 01:51:56.700]  daughter is married.
[01:51:56.700 --> 01:52:01.700]  Can you tell me if maybe one of your employees, the closing agent, Sean
[01:52:01.700 --> 01:52:04.700]  Sorrell, might have committed forgery or fraud?
[01:52:04.700 --> 01:52:08.700]  I said, because there are three properties, and it's showing backdating.
[01:52:08.700 --> 01:52:10.700]  And she's like, well, I don't think that that could.
[01:52:10.700 --> 01:52:12.700]  I said, is Sean Sorrell there?
[01:52:12.700 --> 01:52:15.700]  I would like to speak with her.
[01:52:15.700 --> 01:52:16.700]  And she said, no, she's gone.
[01:52:16.700 --> 01:52:18.700]  She doesn't work for us anymore.
[01:52:18.700 --> 01:52:20.700]  I said, well, I tell you what, I'm going to come down with these papers.
[01:52:20.700 --> 01:52:23.700]  I want to speak with someone.
[01:52:23.700 --> 01:52:24.700]  So I went down.
[01:52:24.700 --> 01:52:26.700]  I think it was the next day at that point.
[01:52:26.700 --> 01:52:29.700]  And I'd been up drinking coffee and just freaking out about all this, right?
[01:52:29.700 --> 01:52:32.700]  I'm like, oh, my, oh, my, this is terrible.
[01:52:32.700 --> 01:52:35.700]  I didn't know how terrible it was.
[01:52:35.700 --> 01:52:40.700]  I found these three properties, nine loans, a backdated ALTA policy,
[01:52:40.700 --> 01:52:43.700]  mortgage affidavit stating she was married.
[01:52:43.700 --> 01:52:49.700]  So I went to the Land Records Office after I went down to the title company
[01:52:49.700 --> 01:52:53.700]  and handed them a disc, because what I did was I right away went to Office
[01:52:53.700 --> 01:52:58.700]  Max and I had everything professionally photo scanned.
[01:52:58.700 --> 01:53:01.700]  So it was like 684 pages.
[01:53:01.700 --> 01:53:04.700]  I had everything put into professional photo scanned because I wanted copies
[01:53:04.700 --> 01:53:07.700]  of everything and I wanted it in chronological order.
[01:53:07.700 --> 01:53:09.700]  I knew I had to be organized.
[01:53:09.700 --> 01:53:13.700]  So I took that disc down to her with this two-sided document.
[01:53:13.700 --> 01:53:15.700]  And she said, well, that's just, that's normal.
[01:53:15.700 --> 01:53:16.700]  I said, no, it's not.
[01:53:16.700 --> 01:53:18.700]  And I turned around and said, this is a bug inspection report.
[01:53:18.700 --> 01:53:22.700]  And here is a mortgage affidavit stating that my daughter is married.
[01:53:22.700 --> 01:53:25.700]  This is not normal.
[01:53:25.700 --> 01:53:27.700]  Might be normal for them.
[01:53:27.700 --> 01:53:29.700]  Yeah, right.
[01:53:29.700 --> 01:53:31.700]  So then I went down to Land Records.
[01:53:31.700 --> 01:53:34.700]  We call that a modus operandi.
[01:53:34.700 --> 01:53:36.700]  MO?
[01:53:36.700 --> 01:53:37.700]  Yes.
[01:53:37.700 --> 01:53:39.700]  Their MO?
[01:53:39.700 --> 01:53:42.700]  Yeah, that's their MO because they didn't even know my daughter,
[01:53:42.700 --> 01:53:43.700]  Randi or Steve.
[01:53:43.700 --> 01:53:44.700]  They didn't even know her.
[01:53:44.700 --> 01:53:46.700]  She was just a public person.
[01:53:46.700 --> 01:53:52.700]  And let me just continue on because I don't want to keep you waiting.
[01:53:52.700 --> 01:53:57.700]  I went down to the Land Record office and I took some things with me and I
[01:53:57.700 --> 01:54:01.700]  explained to the clerk in there in the Plat Room what was going on.
[01:54:01.700 --> 01:54:04.700]  And she wasn't very helpful, but there was an older lady there.
[01:54:04.700 --> 01:54:05.700]  And I said, you know what?
[01:54:05.700 --> 01:54:09.700]  I'm afraid because it looks like my daughter's identity has been stolen.
[01:54:09.700 --> 01:54:12.700]  And she's got two small children.
[01:54:12.700 --> 01:54:14.700]  And this older lady, I thought she worked there.
[01:54:14.700 --> 01:54:16.700]  She said, you know what?
[01:54:16.700 --> 01:54:20.700]  I said, Paul and this guy named Paul Stickle was the reported seller.
[01:54:20.700 --> 01:54:24.700]  And he had been in trouble for fraud, but nobody ever did anything to him locally.
[01:54:24.700 --> 01:54:28.700]  I mean, for many counts of it, but nothing ever happened to him because he was
[01:54:28.700 --> 01:54:30.700]  in with the city and county attorneys.
[01:54:30.700 --> 01:54:32.700]  So this lady said, you know what?
[01:54:32.700 --> 01:54:34.700]  I'm sick of this BA.
[01:54:34.700 --> 01:54:37.700]  She called him a B-A-S-T-A-R-D-S.
[01:54:37.700 --> 01:54:39.700]  And the lady goes, no, no, no, I helped her.
[01:54:39.700 --> 01:54:40.700]  She goes, I don't care.
[01:54:40.700 --> 01:54:41.700]  I'm going to help her again.
[01:54:41.700 --> 01:54:42.700]  And she looked at me and she's over in the corner.
[01:54:42.700 --> 01:54:45.700]  She said, I want you to remember this.
[01:54:45.700 --> 01:54:48.700]  I'm going to pull what's called an anchor date search.
[01:54:48.700 --> 01:54:50.700]  Remember that anchor date search.
[01:54:50.700 --> 01:54:55.700]  So she pulled a four-page document to my daughter's property, 422 Randolph Street,
[01:54:55.700 --> 01:54:58.700]  that pulled up yet a fourth property.
[01:54:58.700 --> 01:55:03.700]  And it was tucked in as a, my daughter's property was tucked under this other
[01:55:03.700 --> 01:55:08.700]  property as a land contract that was not recorded in the records,
[01:55:08.700 --> 01:55:11.700]  almost like a bedroom, like they built on a bedroom to this house.
[01:55:11.700 --> 01:55:16.700]  So here's my daughter's property tucked into this land contract that wasn't showing up.
[01:55:16.700 --> 01:55:20.700]  And it reveals an undisclosed sheriff's deed that nobody ever told us anybody about.
[01:55:20.700 --> 01:55:23.700]  It wasn't on the record.
[01:55:23.700 --> 01:55:28.700]  So I then pulled that, I looked at it when I got home and I called the deputy sheriff,
[01:55:28.700 --> 01:55:32.700]  Laura Roberts, because the other sheriff has been moved to the state of Indiana.
[01:55:32.700 --> 01:55:34.700]  He's in charge of excise now.
[01:55:34.700 --> 01:55:37.700]  So I called Laura Roberts up, the deputy sheriff, and I said,
[01:55:37.700 --> 01:55:39.700]  I'm checking out this sheriff's deed.
[01:55:39.700 --> 01:55:40.700]  Are you sure everything's valid?
[01:55:40.700 --> 01:55:41.700]  She said, I'm certain it is.
[01:55:41.700 --> 01:55:44.700]  And she said, let me ask you, who sold that?
[01:55:44.700 --> 01:55:46.700]  And I said, supposedly, Paul Stickle.
[01:55:46.700 --> 01:55:49.700]  She said, oh, no.
[01:55:49.700 --> 01:55:54.700]  She said, I want you to go up at the courthouse and get this cause number.
[01:55:54.700 --> 01:55:57.700]  And I said, and I was looking on the electronic records,
[01:55:57.700 --> 01:56:02.700]  and I identified this owner's name, Annette Scott was her name.
[01:56:02.700 --> 01:56:05.700]  I said, you've got an extra zero in the cause number.
[01:56:05.700 --> 01:56:07.700]  She's like, Carol, listen to me.
[01:56:07.700 --> 01:56:10.700]  Go get the cause number with the extra zero in it.
[01:56:10.700 --> 01:56:12.700]  So I go up at the courthouse.
[01:56:12.700 --> 01:56:16.700]  The clerk, it was real lax back then before me,
[01:56:16.700 --> 01:56:19.700]  she hands me this file that's supposed to be one foreclosure,
[01:56:19.700 --> 01:56:22.700]  yet I had to go get more money.
[01:56:22.700 --> 01:56:24.700]  It was like $300.
[01:56:24.700 --> 01:56:28.700]  It was supposed to be one foreclosure, three, just like three months old,
[01:56:28.700 --> 01:56:30.700]  just a tiny file, right?
[01:56:30.700 --> 01:56:33.700]  This file had nine properties in it.
[01:56:33.700 --> 01:56:37.700]  At the time, I thought I got the clerk's secret file,
[01:56:37.700 --> 01:56:41.700]  but what I later found out was it was the judicial secret file,
[01:56:41.700 --> 01:56:45.700]  and it was a mortgage foreclosure file.
[01:56:45.700 --> 01:56:48.700]  It had nine properties inside of it,
[01:56:48.700 --> 01:56:51.700]  and it looked like it was an already over with case,
[01:56:51.700 --> 01:56:56.700]  yet there were nine properties in it.
[01:56:56.700 --> 01:56:59.700]  Okay, I'm not sure yet what's going on.
[01:56:59.700 --> 01:57:05.700]  Have they purchased these properties using your daughter's credit?
[01:57:05.700 --> 01:57:09.700]  Yes, and forging her name.
[01:57:09.700 --> 01:57:12.700]  What they did was, and I apologize,
[01:57:12.700 --> 01:57:16.700]  when she first was looking at the house, she made an offer,
[01:57:16.700 --> 01:57:19.700]  and the real estate agent told her, well, the buyer,
[01:57:19.700 --> 01:57:22.700]  the seller did not accept your offer.
[01:57:22.700 --> 01:57:25.700]  She didn't know it at the time, but she had actually signed not an offer,
[01:57:25.700 --> 01:57:29.700]  but she had signed a purchase agreement for improved property,
[01:57:29.700 --> 01:57:33.700]  and it says right in there that that is the original binding contract,
[01:57:33.700 --> 01:57:38.700]  so she signed a five-page purchase agreement from the real estate agent,
[01:57:38.700 --> 01:57:41.700]  and he told her that they didn't accept that,
[01:57:41.700 --> 01:57:47.700]  so then he had her on February the 5th sign another offer for $8,000 more,
[01:57:47.700 --> 01:57:50.700]  for $68,000, so she signed the second one.
[01:57:50.700 --> 01:57:55.700]  Well, he didn't tell her he was going to run them both concurrently.
[01:57:55.700 --> 01:57:57.700]  That brought in the other two properties.
[01:57:57.700 --> 01:57:59.700]  Remember I said there were three?
[01:57:59.700 --> 01:58:04.700]  So he was able to make a copy of the second, the one she signed secondly,
[01:58:04.700 --> 01:58:06.700]  the second offer, the purchase agreement,
[01:58:06.700 --> 01:58:09.700]  because they weren't offers, they were actually purchase agreements,
[01:58:09.700 --> 01:58:15.700]  and it says in those purchase agreements, those are the original mortgages.
[01:58:15.700 --> 01:58:22.700]  Now I'm beginning to understand, he filed all of these purchase agreements
[01:58:22.700 --> 01:58:29.700]  at the same time, so if one of the banks did a check on a credit,
[01:58:29.700 --> 01:58:31.700]  he wouldn't see those.
[01:58:31.700 --> 01:58:34.700]  Probably not, because there are three there.
[01:58:34.700 --> 01:58:37.700]  And we're coming up to the top of the hour break, folks.
[01:58:37.700 --> 01:58:39.700]  We'll be right back after the news.
[01:58:39.700 --> 01:58:45.700]  512-646-1984 is the number to dial. Calls are stacking up.
[01:58:45.700 --> 01:58:49.700]  We'll be right back. Stay tuned.
[01:58:49.700 --> 01:58:52.700]  The Bible remains the most popular book in the world,
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